License requirement for adjusters of insurance claims

DearPAO, My brother was involved in a car mishap wherein his jeep neywa shit by another car. The owner of the other vehicle accepted his mistake and told my brother that his insurance company shall pay for the damage caused to his vehicle. The adjuster who evaluated my brother’ s claim, however, gave an estimate that for us was not enough to pay for the damage. I just want to know which government agency regulates the profession of adjusters. Thank you, andGodbless. Irvin Dear Irvin, The Insurance Commission, through the Insurance Commissioner, regulates the profession of adjusters. Section 332 of the Insurance Code, as amended by Republic Act 10607 and RA 10881, respectively, requires adjusters to have licenses duly issued by the Commissioner before they can be authorized to practice their profession, viz:

“Section 332. No person, partnership, association or corporation shall act as an adjuster, as herein so to act by virtue of a license issued or renewed by the Commissioner pursuant to the provisions of the code.” [Emphasis supplied]

In fact, the Insurance Commissioner may suspend or revoke an ad- juster’s license pursuant to Section 339 of the same code, as amended:

“SEC. 339. The Commissioner may suspend or revoke any adjuster’s license if, after giving notice and hearing to the adjuster con that the adjuster:

(a) Has violated any provision of this code and of the circulars, rulings and instructions of the Commissioner or has violated any law in the course of his dealings as an adjuster; or

(b) Has made a material misstatement in the application for such license; or

(c) Has been guilty of fraudulent or dishonest practices; or

(d) Has demonstrated his incompetence or untrustworthiness to act as adjuster; or

(e) Has made patently unjust valuation of loss; or

(f) Has failed to make a report of the adjustment he proposed within sixty (60) days from the date of the with the insurer, unless prevented so to do by reasons beyond his control; or

( g) Has refused to allow an examination into his affairs or method of doing business as herein after provided.”

Clearly, the Insurance Commission, through its Commissioner, regulates and can even discipline adjusters by revoking or suspending their licenses. It has to those who are not required to have licenses for adjusters such as an attorney-at-law “who acts or aids in adjusting insurance claims as an incident to the practice of his profession and who does not advertise himself as an adjuster” and company adjusters who are “salaried em- ployees of an insurance company for policies issued by such insurance company” (Sections 338 and 334, Insurance Code of the Philippines, as amended by RA 10607).

that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.