Maryland Adjuster License Exam

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Here are 14 in-depth Q&A study notes to help you prepare for the exam.

Explain the concept of “bad faith” in insurance claims handling in Maryland, providing specific examples of adjuster actions that could be considered bad faith and the potential consequences for the insurer. Reference relevant Maryland statutes and case law.

“Bad faith” in insurance claims handling refers to an insurer’s unreasonable and unfounded refusal to pay a claim covered by the policy. In Maryland, while there isn’t a specific statute defining bad faith, it’s generally understood through case law and the Maryland Insurance Code’s provisions on unfair claim settlement practices (Maryland Insurance Code, § 27-301 et seq.). Examples of adjuster actions that could constitute bad faith include: unreasonably delaying claim investigation, misrepresenting policy provisions to avoid coverage, failing to properly investigate a claim, offering a settlement substantially less than the claim’s value without reasonable justification, and denying a claim without conducting a reasonable investigation. The consequences for an insurer acting in bad faith can include being liable for compensatory damages to the insured, potentially including consequential damages exceeding the policy limits, and in some jurisdictions (though less common in Maryland), punitive damages. While Maryland does not recognize a private cause of action for unfair claim settlement practices under § 27-301, evidence of such practices can be relevant in a common law bad faith claim.

Detail the requirements for maintaining adjuster licensing in Maryland, including continuing education requirements, renewal procedures, and potential grounds for license revocation or suspension. Cite specific sections of the Maryland Insurance Code.

To maintain an adjuster license in Maryland, licensees must adhere to specific requirements outlined in the Maryland Insurance Code. This includes completing continuing education (CE) requirements. Adjusters must complete a certain number of CE credits during each licensing period, with specific requirements varying based on the type of license held. License renewal typically occurs biennially, requiring the submission of a renewal application and payment of applicable fees. Failure to meet CE requirements or renew the license on time can result in its expiration or lapse. The Maryland Insurance Commissioner has the authority to revoke or suspend an adjuster’s license for various reasons, including but not limited to: violating insurance laws or regulations, engaging in fraudulent or dishonest practices, misrepresenting facts on the license application, demonstrating incompetence or untrustworthiness, or failing to comply with a lawful order of the Commissioner (Maryland Insurance Code, § 10-128). The Commissioner must provide notice and an opportunity for a hearing before taking disciplinary action.

Explain the concept of subrogation in insurance, detailing how it applies in Maryland, including the insurer’s rights and the insured’s obligations. Provide an example scenario and reference relevant Maryland case law.

Subrogation is the legal right of an insurer to pursue a third party who caused a loss to the insured, to recover the amount the insurer paid to the insured under the insurance policy. In Maryland, subrogation allows the insurer to “step into the shoes” of the insured and assert the insured’s rights against the responsible party. The insured has an obligation to cooperate with the insurer in pursuing the subrogation claim, including providing information and documentation. An example scenario: A driver insured by Company A is rear-ended by Driver B. Company A pays for the damages to the insured’s vehicle. Company A then has the right to pursue Driver B (or Driver B’s insurance company) to recover the amount paid to its insured. Maryland follows the “made whole” doctrine, meaning the insured must be fully compensated for their loss before the insurer can exercise its subrogation rights. This is supported by case law such as Maryland Auto Ins. Fund v. Perry, 322 Md. 631 (1991).

Discuss the Maryland Insurance Administration’s (MIA) role in regulating insurance adjusters and handling consumer complaints. What are the procedures for filing a complaint against an adjuster with the MIA, and what actions can the MIA take against an adjuster found to be in violation of regulations?

The Maryland Insurance Administration (MIA) is the state agency responsible for regulating the insurance industry in Maryland, including insurance adjusters. The MIA’s role includes licensing adjusters, overseeing their conduct, and investigating consumer complaints. Consumers can file complaints against adjusters with the MIA if they believe the adjuster has acted unethically, illegally, or in violation of insurance regulations. The complaint process typically involves submitting a written complaint to the MIA, providing details of the alleged violation and supporting documentation. The MIA will investigate the complaint and may request information from both the consumer and the adjuster. If the MIA finds that an adjuster has violated regulations, it can take various disciplinary actions, including issuing warnings, imposing fines, suspending or revoking the adjuster’s license, and requiring the adjuster to complete additional training or education. The MIA’s authority is derived from the Maryland Insurance Code.

Explain the concept of “actual cash value” (ACV) and “replacement cost value” (RCV) in property insurance claims. How are these values determined in Maryland, and what are the implications for the insured in the event of a loss?

Actual Cash Value (ACV) and Replacement Cost Value (RCV) are two different methods for valuing property losses in insurance claims. ACV represents the replacement cost of the damaged property less depreciation. Depreciation accounts for the age, condition, and obsolescence of the property. RCV, on the other hand, represents the cost to replace the damaged property with new property of like kind and quality, without deducting for depreciation. In Maryland, the determination of ACV typically involves assessing the replacement cost of the property and then subtracting depreciation based on factors such as age, condition, and normal lifespan. RCV policies generally require the insured to actually replace the damaged property before receiving full reimbursement. The implications for the insured are significant. With an ACV policy, the insured will receive less money upfront, as depreciation is deducted. With an RCV policy, the insured can potentially recover the full cost of replacement, but may need to pay the difference between the ACV payment and the full replacement cost upfront and then seek reimbursement from the insurer.

Describe the process of mediation and arbitration in resolving insurance claim disputes in Maryland. What are the key differences between these two methods of alternative dispute resolution, and under what circumstances might they be used?

Mediation and arbitration are alternative dispute resolution (ADR) methods used to resolve insurance claim disputes outside of court. Mediation is a voluntary process where a neutral third party (the mediator) facilitates communication between the insurer and the insured to help them reach a mutually agreeable settlement. The mediator does not make a decision or impose a solution. Arbitration, on the other hand, is a more formal process where a neutral third party (the arbitrator) hears evidence and arguments from both sides and then makes a binding or non-binding decision. The key differences are that mediation is non-binding and focuses on facilitating negotiation, while arbitration is more adjudicative and can result in a binding decision. In Maryland, mediation and arbitration may be used when the insurer and insured disagree on the value of a claim, coverage issues, or other aspects of the claim settlement. Policy language may dictate the use of one or both of these methods.

Explain the concept of “duty to defend” in liability insurance policies. How does this duty apply in Maryland, and what are the insurer’s obligations when a lawsuit is filed against its insured? Reference relevant Maryland case law.

The “duty to defend” is a critical aspect of liability insurance policies, obligating the insurer to defend the insured against lawsuits covered by the policy, even if the lawsuit is groundless, false, or fraudulent. In Maryland, the duty to defend is broader than the duty to indemnify (pay a settlement or judgment). The insurer must defend if there is a potential for coverage based on the allegations in the complaint. This is often determined by comparing the policy language to the allegations in the lawsuit. If the complaint alleges facts that, if proven, would fall within the policy’s coverage, the insurer has a duty to defend. The insurer’s obligations include providing legal representation to the insured, paying for the costs of defense (attorney fees, expert witness fees, etc.), and controlling the defense of the lawsuit. Refusal to defend can expose the insurer to liability for breach of contract and potentially bad faith. Maryland case law, such as St. Paul Fire & Marine Ins. Co. v. Pryseski, 292 Md. 187 (1981), emphasizes the broad nature of the duty to defend.

Explain the concept of “bad faith” in insurance claims handling in Maryland, providing specific examples of adjuster actions that could be considered bad faith, and referencing relevant sections of the Maryland Insurance Code.

“Bad faith” in insurance claims handling refers to an insurer’s unreasonable and unfounded refusal to pay a claim covered by the policy. In Maryland, while there isn’t a specific statute explicitly defining “bad faith,” the concept is derived from common law and is often tied to violations of the Maryland Insurance Code, specifically Section 27-303, which prohibits unfair claim settlement practices. Examples of adjuster actions that could constitute bad faith include: unreasonably delaying the investigation of a claim; failing to properly investigate a claim; denying a claim without a reasonable basis; failing to communicate with the claimant in a timely manner; offering a settlement substantially less than the value of the claim; and misrepresenting policy provisions to avoid coverage. For instance, if an adjuster knowingly misinterprets policy language to deny a legitimate claim for wind damage after a severe storm, or if they fail to conduct a thorough investigation despite clear evidence supporting the claim, these actions could be deemed bad faith. Claimants can pursue legal action against insurers for bad faith, seeking damages beyond the policy limits. The burden of proof lies with the claimant to demonstrate that the insurer acted unreasonably and with improper motive.

Describe the duties and responsibilities of a licensed adjuster in Maryland regarding the handling of salvage, including the proper documentation, valuation, and disposal methods, referencing relevant Maryland Insurance Administration (MIA) regulations.

When handling salvage, a licensed adjuster in Maryland has specific duties to ensure fair and ethical practices. Salvage refers to damaged property that the insurer takes possession of after paying a claim. The adjuster must accurately document the salvage, including its condition, location, and any identifying information. Valuation is crucial; the adjuster must determine the fair market value of the salvage, considering factors like damage extent and market demand. Disposal methods must comply with MIA regulations and ethical standards. Options include selling the salvage to a salvage yard, auctioning it off, or, in some cases, destroying it. The adjuster must maintain detailed records of the disposal process, including receipts, invoices, and any proceeds received. These records must be readily available for review by the MIA. Failure to properly handle salvage can result in disciplinary action by the MIA, including fines, suspension, or revocation of the adjuster’s license. The adjuster must act in the best interests of both the insurer and the claimant, ensuring transparency and fairness throughout the salvage process.

Explain the process for handling a claim involving a deceased claimant in Maryland, including the required legal documentation, the order of priority for payment, and any specific considerations for dealing with probate estates, referencing relevant Maryland Estates and Trusts Code sections.

Handling a claim involving a deceased claimant in Maryland requires adherence to specific legal procedures. First, the adjuster must verify the claimant’s death by obtaining a certified death certificate. Payment can’t be made directly to the deceased. Instead, payment must be made to the deceased’s estate or a legally authorized representative. If the deceased had a will, the executor named in the will is responsible for handling the estate. If there’s no will, an administrator must be appointed by the Orphans’ Court. The adjuster must obtain Letters of Administration or Letters Testamentary as proof of the representative’s authority. Maryland Estates and Trusts Code outlines the order of priority for payment of claims against an estate. Typically, administrative expenses, funeral costs, and taxes are paid first, followed by debts and other claims. The adjuster must ensure that payment is made to the correct party and in accordance with the legal requirements of the estate. If the claim is substantial, consulting with legal counsel is advisable to navigate the complexities of probate law and ensure compliance.

Describe the Maryland requirements for continuing education for licensed adjusters, including the number of hours required, the types of courses that qualify, and the consequences of failing to meet the requirements, referencing relevant MIA regulations.

Maryland requires licensed adjusters to complete continuing education (CE) to maintain their licenses. The specific requirements are outlined by the Maryland Insurance Administration (MIA). Generally, adjusters must complete a certain number of CE hours every license term, which is typically two years. The exact number of hours and any specific course requirements can be found on the MIA website. Qualifying courses must be approved by the MIA and cover topics relevant to insurance adjusting, such as ethics, claims handling, policy updates, and relevant laws and regulations. Some courses may need to be specific to certain lines of insurance. Failing to meet the CE requirements can result in penalties, including fines, suspension of the license, or even revocation. Adjusters are responsible for tracking their CE credits and ensuring they are reported to the MIA by the deadline. It’s crucial to stay informed about the current CE requirements and plan accordingly to avoid any disruptions to licensure.

Explain the concept of subrogation in insurance, detailing the adjuster’s role in pursuing subrogation claims in Maryland, including the legal basis for subrogation and the potential impact on the insured’s deductible.

Subrogation is the legal right of an insurer to pursue a third party who caused a loss to the insured, in order to recover the amount of the claim paid. In Maryland, subrogation is a common law right, meaning it’s based on court decisions rather than a specific statute. The adjuster plays a crucial role in identifying and pursuing subrogation opportunities. The adjuster’s responsibilities include: investigating the cause of the loss to determine if a third party was at fault; gathering evidence to support the subrogation claim; notifying the potentially liable party of the insurer’s subrogation interest; and negotiating with the third party or their insurer to recover the claim payment. If the insurer successfully recovers funds through subrogation, the insured may be entitled to a refund of their deductible. The specific terms of the insurance policy dictate how the deductible is handled in subrogation cases. The adjuster must be familiar with these policy provisions and ensure that the insured receives any applicable deductible reimbursement.

Describe the process for handling a claim involving a dispute over coverage in Maryland, including the adjuster’s responsibilities for communicating with the insured, documenting the coverage determination, and the insured’s options for appealing the decision, referencing relevant Maryland Insurance Code sections.

When a coverage dispute arises in Maryland, the adjuster must handle the situation with transparency and fairness. The adjuster has a responsibility to clearly communicate the coverage determination to the insured, explaining the reasons for the denial or limitation of coverage. This communication should be in writing and include specific references to the policy language that supports the decision. The adjuster must thoroughly document the coverage determination, including all relevant facts, policy provisions, and legal analysis. This documentation is crucial in case of an appeal or legal challenge. If the insured disagrees with the coverage determination, they have the right to appeal the decision. The adjuster must inform the insured of their appeal options, which may include internal appeals within the insurance company or filing a complaint with the Maryland Insurance Administration (MIA). The MIA can investigate coverage disputes and make recommendations to the insurer. Maryland Insurance Code outlines the procedures for filing complaints with the MIA.

Explain the Maryland regulations regarding the use of independent adjusters and public adjusters, including the licensing requirements, restrictions on their activities, and the ethical considerations they must adhere to, referencing relevant MIA regulations and the Maryland Insurance Code.

Maryland regulates both independent and public adjusters to ensure fair and ethical claims handling. Independent adjusters are hired by insurance companies to investigate and settle claims on their behalf. Public adjusters, on the other hand, are hired by policyholders to assist them in preparing and negotiating their claims with the insurance company. Both types of adjusters must be licensed by the MIA. Licensing requirements include passing an exam, completing pre-licensing education, and undergoing a background check. The Maryland Insurance Code outlines the specific licensing requirements for adjusters. There are restrictions on the activities of both independent and public adjusters. For example, public adjusters cannot solicit business within a certain timeframe after a disaster. Both types of adjusters must adhere to ethical standards, including acting in good faith, avoiding conflicts of interest, and providing honest and accurate information. Violations of these regulations can result in disciplinary action by the MIA, including fines, suspension, or revocation of the adjuster’s license.

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