Constitution & By-Laws
1. Click herefor a copy of our Constitution, updated April 2011
2. Click herefor our By-Laws, updated April 2011
Code Of Conduct
- A Loss Adjuster must at all times render his services honestly,fairly, with due skill, care and diligence, and he must maintain the highest degreeof integrity in the interests of his clients, principals and their clients, and without breaching the relationship of trust with his client.
- A Loss Adjuster must always disclose to all persons withwhom he comes into contact the identity of his principal, his interest in the matterconcerned and the service he is rendering; as well as any circumstances which maygive rise to an actual or potential conflict of interest and must take all reasonablesteps to ensure fair treatment of such person.
- A Loss Adjuster must treat all persons he comes in contactwith in the exercise of his professional duties with respect at all times and mustnot harass, intimidate, threaten or display other inappropriate behaviour to suchpersons.
- When providing his services, a Loss Adjuster must endeavourto ensure that representations made and information provided is:
- factually correct
- in plain language to avoid misunderstanding, misleadingand ambiguity, bearing in mind the person who is being addressed and such persons level of knowledge
- provided timeously to allow and afford sufficient time foranyone to make an informed decision and exercise any rights such person may hold
- given verbally, and at the request of any person being addressed,confirmed in writing within a reasonable period following such request and
- in plain unambiguous terms where they reflect amounts, sums,values, charges, fees, remuneration or monetary obligations and where any obligationis not predetermined, the basis of calculating such amounts must be adequately described.
- All transactions conducted must be accurately accountedfor to the Loss Adjusters principal or client as the case may be.
- A Loss Adjuster must not take or receive any incentive,whether in cash or kind, from any person with whom he is dealing or who may be involvedin any matter in which the Loss Adjuster is involved.
- All services must be rendered in accordance with the contractualrelationship existing between the Loss Adjuster and his principal and in accordancewith any service level agreement that subsists between them.
- A Loss Adjuster must obtain a written mandate from his principal,and if the instruction is verbal, the Loss Adjuster must respond in writing to theprincipal setting out his understanding of the verbal mandate and if necessary,obtain clarification of any issues.
- A Loss Adjuster must ensure that he only accepts a mandatewhere the performance of the mandated function matches his expertise.
- A Loss Adjuster must not instruct any person to act onhis behalf or on behalf of his principal where such service provider may hold anyposition that could result in a conflict of interest or in the adjuster gainingany personal advantage from such instruction.
- A Loss Adjuster must not levy any fee or charge in conflictwith any prior arrangement negotiated and agreed with any person or body for whomhe is or has performed any work and overcharging is considered unprofessional conduct.
- A Loss Adjuster must keep his records for a period of notless than 5 years from the date of the resolution of his instruction and produceany such records to a principal on demand during such period. The Loss Adjustermust exercise discretion in relation to any records that require to be retainedfor any longer period and retain them until they may be safely disposed of withoutinfringing or interrupting any right that a person involved in such matter may legallywish to exercise.
- Records may be kept in their original format or in electronicor recorded format that is readily and easily capable of being reduced to writtenor printed form in clear text when required.
- The acquisition of any information by the Loss Adjustermust be in accordance with any privacy and protection of information legislationthat may be in force.
- A Loss Adjuster must not disclose any confidential or otherinformation acquired or obtained from a client, principal, principals client orany other person involved in any investigation undertaken without his principalor the person directly concerned providing written consent before any such informationis disclosed or released.
- A Loss Adjuster must notify his principal of any complaintagainst him while acting on his principals mandate.
- A Loss Adjuster shall not tout for business or work. Totout means to solicit work in an improper manner that entails the exchange of financialor other benefits and which will not in the ordinary business environment or otherwisebe construed as being an acceptable professional marketing practice.
- A Loss Adjuster must not practice or share offices or workpremises which are directly accessible to any person or body where such businessor association can be seen to give rise to any conflict of interest in the LossAdjuster performing his duties and mandate.
- A Loss Adjuster must not conduct from his office any businessother than that of the profession or conduct any other business under his practices name or style or a similar name and style.
- A Loss Adjuster must not abandon his practice or ceaseto trade without providing timeous notice to his clients and make all necessaryand reasonable arrangements for the running off of any work still on hand and forthe disposal and/or safe keeping of his papers and files.
- A Loss Adjuster must meet all his obligations and pay tothe Institute of Loss Adjusters of Southern Africa all and any moneys due to theInstitute.
- A Loss Adjuster must not practice under any name, title,style or make use of any stationery that breaches the dignity and status of theprofession of Loss Adjusting and which may: -
- mislead or fail to disclose such information as is prescribedby Statute to be displayed on such stationery.
- make reference to any other business save that of Loss Adjusting
- make reference to any appointments he may hold or the namesof his clients
- reflect any qualification other than an academic qualificationconferred on him by any university, technikon or by any professional body, includingthat of the Institute of Loss Adjusters of Southern Africa, to which he belongs,and is in good standing, and which entitles him to display any designatory lettersor title which may include ACII, AIISA, FCII, FIISA, FIFAA, AILA
- A Loss Adjuster must at all times comply with and adhereto the Constitution and By-Laws of the Institute of Loss Adjusters of Southern Africa.
- Failure to comply with this Code of Conduct may lead tothe dismissal of a member from the Institute of Loss Adjusters of Southern Africain terms of the Institutes Constitution and By-Laws.
- Any Loss Adjuster who is in breach of this Codeof Conduct shall be presumed to have committed an act of unprofessional conduct.
Code Of Ethics
Members undertake to:
- strive to constantly improve their own adjusting expertise,knowledge and competence and that of others in the industries that they serves.
- exercise independent and professional judgement in all dealingswith policyholders.
- avoid conflicts of interest arising between themselvesand their principals and/or their policyholders in the performance of all duties.Where conflicts may arise or may be perceived to arise which could impact on themembers ability to render an unbiased and objective service, members will disclosesuch conflicts or perceived conflicts to all relevant stakeholders.
- if requested, fully disclose to insurers the manner in whichthey are remunerated and will not accept any form of remuneration or benefit whichmight create a conflict of interest.
- not misrepresent the terms and conditions of appointment;nor misrepresent their capabilities or the capabilities of their staff, their credentials,qualifications and experience regarding the industry or nature of the service tobe provided
- observe the confidentiality of all information they obtainby way of the services they render to policyholders and principals, unless a legalobligation to disclose such information appropriately exists or should arise. Informationobtained as a result of an appointment shall not be used for personal or companygain other than that fully disclosed to and agreed upon by principals and/or theirpolicyholders
- avoid making malicious statements that have the potentialto damage the reputation of the Institute, fellow adjuster, competitor or any practitionerin the insurance industry generally.
OUR MISSION
- To maintain and enhance the prestige and status of the profession.
- To uphold the integrity and reserve the independence ofLoss Adjusters.
- To uphold the standard and to provide for the effectivecontrol of the professional conduct of Loss Adjusters.
- To promote the skill, efficiency, service and responsibilityof the profession
- To establish and maintain high standards of education andknowledge
- To regulate the exercise of the profession
- To represent generally the view of the profession and topromote the common interest of members of the profession
- To co-operate, liaise with or make representations to suchother authorities, societies, corporate bodies or persons as it may deem fit.
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APPLYING FOR MEMBERSHIP
If you are interested in applying for Membership please see:
Membership Application Form
Letter to Prospective Members Reinstatement Application 2011