Disaster declarations and your claim rights

California

The Public Insurance Adjusters Act sets no percentage cap, including after a declared disaster. A 2025 bill (AB 597) that would have limited what adjusters can charge on disaster claims was held in a Senate committee and is not in the code.

• If you cancel in time, the adjuster cannot charge for work already done. They can only ask to be repaid for out-of-pocket emergency expenses they paid for you.
  Cal. Ins. Code § 15027(n) (show the source wording)

  The source says

  “The licensee is not entitled to compensation for services performed prior to cancellation, other than for reimbursement of moneys paid by the licensee for out-of-pocket emergency expenses”

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Florida

10% fee limit after a declared disaster

The 10% cap covers claims from an event the Governor declared a state of emergency for, and only claims made during the year after the declaration. After that year the 20% cap applies.

• On a claim that is not tied to a declared state of emergency, the fee can be no more than 20% of what the insurer pays you.
  Fla. Stat. § 626.854(11)(b)2. (show the source wording)

  The source says

  “Twenty percent of the amount of insurance claim payments or settlements, exclusive of attorney fees and costs, paid to the insured by the insurer for claims that are not based on events that are the subject of a declaration”

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• On a claim from an event the Governor declared a state of emergency for, the fee can be no more than 10% of what the insurer pays you.
  Fla. Stat. § 626.854(11)(b)1. (show the source wording)

  The source says

  “Ten percent of the amount of insurance claim payments or settlements, exclusive of attorney fees and costs, paid to the insured by the insurer for claims based on events that are the subject of a declaration of a state of emergency”

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• The 10% emergency cap lasts for claims made during the year after the emergency declaration. After that, the 20% cap applies.
  Fla. Stat. § 626.854(11)(b)1. (show the source wording)

  The source says

  “This provision applies to claims made during the year after the declaration of emergency. After that year, the limitations in subparagraph 2. apply.”

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Iowa

10% fee limit after a declared disaster

The 10 percent cap applies to catastrophic disaster claims, which include a presidential major disaster declaration or a governor's disaster emergency proclamation.

• The fee must be reasonable and cannot be more than 15 percent of the claim payments the insurer approves on an ordinary (non-catastrophe) claim.
  Iowa Code § 522C.10(1)(a)(8)(a) (show the source wording)

  The source says

  “Fifteen percent of all claim payments approved by the insurer for any noncatastrophic disaster insurance claim settlement.”

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• On a catastrophic disaster claim the fee cannot be more than 10 percent of the claim payments the insurer approves.
  Iowa Code § 522C.10(1)(a)(8)(b) (show the source wording)

  The source says

  “Ten percent of all claim payments approved by the insurer for any catastrophic disaster insurance claim settlement.”

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• A catastrophic disaster includes an event with a major disaster declaration by the President or a disaster emergency proclamation by the Governor.
  Iowa Code § 522C.2(4)(b) (show the source wording)

  The source says

  “includes a major disaster declaration by the president of the United States or a state of disaster emergency proclamation by the governor”

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Nebraska

10% fee limit after a declared disaster

After a catastrophic disaster declared by the President or the Governor, the total fee must be less than 10 percent of the insurance settlement. The statute bars a fee 'equal to or more than' 10 percent, so exactly 10 percent is not allowed.

• After a catastrophic disaster, a public adjuster cannot charge or accept anything worth 10 percent or more of the insurance settlement.
  Neb. Rev. Stat. § 44-9218(3) (show the source wording)

  The source says

  “any payment, commission, fee, or other thing of value equal to or more than ten percent of any insurance settlement or proceeds resulting from a catastrophic disaster”

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• A catastrophic disaster is an event declared to be one by the President or by the governor of the state where it happened, and it must also meet the severity tests listed in the statute.
  Neb. Rev. Stat. § 44-9203(2) (show the source wording)

  The source says

  “Catastrophic disaster means an event declared to be a catastrophic disaster by the President of the United States or the governor of the state in which the disaster occurred”

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North Carolina

10% fee limit after a declared disaster

The 10% limit applies when a catastrophic incident has been declared by the President or the Governor. The statute does not set a percentage cap for other claims.

• After a catastrophic incident, a public adjuster cannot charge more than 10% of the insurance settlement or proceeds.
  N.C. Gen. Stat. § 58-33A-60(d) (show the source wording)

  The source says

  “No public adjuster shall charge, agree to, or accept as compensation or reimbursement any payment, commission, fee, or other thing of value equal to more than ten percent (10%) of any insurance settlement or proceeds.”

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• The 10% limit is introduced as a limit on fees in the event of a catastrophic incident.
  N.C. Gen. Stat. § 58-33A-60(d) (show the source wording)

  The source says

  “In the event of a catastrophic incident, there shall be limits on catastrophic fees.”

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• A catastrophic incident is one declared by the President or by the Governor of the state where the disaster happened.
  N.C. Gen. Stat. § 58-33A-5(2) (show the source wording)

  The source says

  “A catastrophic incident shall be declared by the President of the United States or the Governor of the state or district in which the disaster occurred.”

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