Section 3118.80  Filing of Contract Forms

a)         Each public adjuster shall file with and secure the approval of the Director of each form of contract before it is used in the State of Illinois.

b)         Each contract form filing submitted for approval must be accompanied by a forms submission letter, in duplicate, that must include:

1)         the name of the public adjuster making the filing.

2)         the title, form number, and edition identification of the forms.

3)         notification as to whether the filing is new or supersedes a present filing.  Identification of all changes in all superseding filings, as well as identification of all superseded forms, is required.

4)         the effective date of use.

c)         Each control form filing submitted for approval must:

1)         be submitted in duplicate.

2)         have printed at the head of the contract form the name of the public adjuster and the location and telephone number of the public adjuster's principal place of business.  Unless located in a rural area that does not use a street address, Post Office Box (P.O. Box) addresses are not permitted unless the street address is also included.

3)         be identified by a descriptive title, form number and edition identification number.  The form number must appear in the lower left-hand corner of the contract form to be approved.

4)         in addition to the requirements of the Fire Damage Representation Agreement Act [815 ILCS 625], each contract form must include the following:

"Pursuant to Article XXXI¾ of the Code, a contract which is executed within 5 days after the conclusion of the loss-producing occurrence shall be voidable at the option of the insured for 10 days after execution of the contract.  The written contract shall constitute the entire agreement between the public adjuster and the insured."

5)         have highlighted all changes from currently filed forms.  Any changes not highlighted will not be deemed filed.

6)         be made out in "John Doe" fashion, exactly as it is to be presented to an insured, except for any variable material.

7)         be submitted in final printed form.  Typed or printer's proof copies may be submitted for review, but must be refiled in final printed form.

8)         be printed in not less than ten-point type.

d)         Where contract forms submitted by a partnership, association or corporation will be used by other public adjusters engaged or employed by the partnership, association or corporation, the forms submission letter must, in addition to meeting the other requirements of this Section, include the following information concerning the public adjusters who will use the forms:

1)         name;

2)         license identification number.

e)         Contract forms shall not include:

1)         hold harmless agreements that provide indemnification to the public adjuster by the insured resulting from the public adjuster's negligence.

2)         power-of-attorney by which the public adjuster can act in the place and instead of the insured as attorney-in fact.

(Source:  Amended at 30 Ill. Reg. 19367, effective November 29, 2006)