Insurance; public adjusters, standards of conduct.
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SB 194 — Insurance; public adjusters, standards of conduct.
Last action — Approved by Governor-Chapter 188 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 10, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 07, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Insurance; public adjusters; standards of conduct. Prohibits a public adjuster from engaging in any activity that mayreasonably be construed as a conflict of interest, including solicitingor accepting any remuneration of any kind or nature, directly orindirectly, except as set forth in a public adjusting contract withan insured. Additionally, the bill provides that for the purposesof the prohibition on a public adjuster having a financial interestin an insured's claim, "financial interest" includes participationby a public adjuster, directly or indirectly, in the reconstruction,repair, or restoration of damaged property that is the subject ofa claim adjusted by that public adjuster. The bill contains technicalamendments.
Bill Text
What changed in the latest version
70 added · 68 removedPlain-language change summary
The amendment modifies § 38.2-1845.12 of the Code of Virginia by removing certain prohibited actions for public adjusters, specifically the ability to prepare, complete, or file an insurance claim on behalf of an insured. Additionally, it clarifies that public adjusters cannot refer insured individuals to entities in which they have a financial interest, enhancing transparency in the adjustment process. These changes aim to delineate the scope of permissible actions for public adjusters and reduce potential conflicts of interest.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E188 An Act to amend and reenact § 38.2-1845.12 of the Code of Virginia, relating to insurance;
R O [S 194] Approved LApril L7, 2022 Be it enacted by the General Assembly of Virginia:
E § 38.2-1845.12.
DA. insured and with an insurer or its representatives.
A public adjuster shall be fair and honest in any and all respects in any communications with an B.insured and with an insurer or its representatives.
B.
2.
Prepare, complete, or file an insurance claim on behalf of an insured;
or B 5.
9C. than the salary, fee, commission, or compensation that may be established in the written contraEt other between the insured and the public adjuster.
A No public adjuster shall have no a financial interest in any aspect of an insured's claim other than the salary, fee, commission, or compensation that may be established in the written contract between the insured and the public adjuster.
however, this subsection shall not be construed to prohibit the execution of a bona fide written repair agreement between an insured and a contractor pursuant to which the contractor undertakes to assume the insured's obligation to compensate a public adjuster pursuant to the terms of a preexisting agreement between the public adjuster and the insured meeting the requirements of this article, including §§ 38.2-1845.13 and 38.2-1845.14.
If the consideration is based on a share of the insurance proceeds, the exaG.exact percentage shall be specified.
G.
No public adjuster may shall represent or act as a company adjuster or independent adjuster on theL.the same claim.
L.
A public adjuster shall notify, in writing, the insured or claimant in advance of the name and location of any proposed contractor, architect, engineer, or similar professional before any bid or orproposal claimantby may exercise veto power of any of these persons,persons inmay whichbe caseused thatby personthe shallpublic notadjuster beured used in estimating costs.the loss.
The insured or claimant may exercise veto power of 2any P.of these persons, in which case that person shall not be used in estimating costs.
AP. public adjuster shall ensure that any professional used in formulating estimates, the practice of whose profession in the Commonwealth requires a license issued pursuant to Title 54.1, including any architect or engineer as defined in § 54.1-400 and any contractor as defined in § 54.1-1100, holds a current license from the appropriate licensing authority of the Commonwealth.
A public adjuster shall ensure that any professional used in formulating estimates, the practice of whose profession in the Commonwealth requires a license issued pursuant to Title 54.1, including any of 2 architect or engineer as defined in § 54.1-400 and any contractor as defined in § 54.1-1100, holds a current license from the appropriate licensing authority of the Commonwealth.
View plain text versions (3)
- CHAP0188 View text Current pdf April 07, 2022
- SB194ER View text pdf March 03, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101305D pdf January 10, 2022
Action History
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Approved by Governor-Chapter 188 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by President
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Signed by Speaker
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Impact statement from SCC (SB194ER)
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Enrolled
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VOTE: Block Vote Passage (100-Y 0-N)
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Passed House BLOCK VOTE (100-Y 0-N)
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Read third time
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Passed by temporarily
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Read second time
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Reported from Commerce and Energy (22-Y 0-N)
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Referred to Committee on Commerce and Energy
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Read first time
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Placed on Calendar
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Read third time and passed Senate (37-Y 0-N)
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Read second time and engrossed
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Commerce and Labor (15-Y 0-N)
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Impact statement from SCC (SB194)
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/12/22 22101305D
Sponsors
- T. Montgomery "Monty" Mason · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Don Scott | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 194 do?
- Insurance; public adjusters; standards of conduct. Prohibits a public adjuster from engaging in any activity that mayreasonably be construed as a conflict of interest, including solicitingor accepting any remuneration of any kind or nature, directly orindirectly, except as set forth in a public adjusting contract withan insured. Additionally, the bill provides that for the purposesof the prohibition on a public adjuster having a financial interestin an insured's claim, "financial interest" includes participationby a public adjuster, directly or indirectly, in the reconstruction,repair, or restoration of damaged property that is the subject ofa claim adjusted by that public adjuster. The bill contains technicalamendments.
- Who sponsors SB 194?
- SB 194 is sponsored by Mason, T. Montgomery "Monty".
- What is the current status of SB 194?
- This bill has been enacted into law. Introduced January 10, 2022. Enacted.
- Where can I track SB 194?
- Track SB 194 free on One Click Politics — get push/email alerts when it moves.
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