| 1. |
A
Loss Adjuster must at all times render his services honestly, fairly,
with due skill, care and diligence, and he must maintain the highest
degree of integrity in the interests of his clients, principals and
their clients, and without breaching the relationship of trust with
his client. |
| 2. |
A
Loss Adjuster must always disclose to all persons with whom he comes
into contact the identity of his principal, his interest in the matter
concerned and the service he is rendering; as well as any circumstances
which may give rise to an actual or potential conflict of interest
and must take all reasonable steps to ensure fair treatment of such
person. |
| 3. |
A
Loss Adjuster must treat all persons he comes in contact with in the
exercise of his professional duties with respect at all times and
must not harass, intimidate, threaten or display other inappropriate
behaviour to such persons. |
| 4. |
When
providing his services, a Loss Adjuster must endeavour to ensure that
representations made and information provided is: -
| a.
|
factually
correct; |
| b. |
in plain language to avoid misunderstanding, misleading and
ambiguity, bearing in mind the person who is being addressed
and such person's level of knowledge; |
| c.
|
provided
timeously to allow and afford sufficient time for anyone to
make an informed decision and exercise any rights such person
may hold; |
| d.
|
given
verbally, and at the request of any person being addressed,
confirmed in writing within a reasonable period following such
request; and |
| e.
|
in
plain unambiguous terms where they reflect amounts, sums, values,
charges, fees, remuneration or monetary obligations and where
any obligation is not predetermined, the basis of calculating
such amounts must be adequately described. |
|
| 5. |
All
transactions conducted must be accurately accounted for to the Loss
Adjuster's principal or client as the case may be. |
| 6. |
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 involved
in any matter in which the Loss Adjuster is involved. |
| 7. |
All
services must be rendered in accordance with the contractual relationship
existing between the Loss Adjuster and his principal and in accordance
with any service level agreement that subsists between them. |
| 8. |
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 the principal setting out his understanding of the verbal mandate
and if necessary, obtain clarification of any issues. |
| 9. |
A
Loss Adjuster must ensure that he only accepts a mandate where the
performance of the mandated function matches his expertise. |
| 10. |
A
Loss Adjuster must not instruct any person to act on his behalf or
on behalf of his principal where such service provider may hold any
position that could result in a conflict of interest or in the adjuster
gaining any personal advantage from such instruction. |
| 11. |
A
Loss Adjuster must not levy any fee or charge in conflict with any
prior arrangement negotiated and agreed with any person or body for
whom he is or has performed any work and overcharging is considered
unprofessional conduct. |
| 12. |
A Loss Adjuster must keep his records for a period of not less than
5 years from the date of the resolution of his instruction and produce
any such records to a principal on demand during such period. The
Loss Adjuster must exercise discretion in relation to any records
that require to be retained for any longer period and retain them
until they may be safely disposed of without infringing or interrupting
any right that a person involved in such matter may legally wish to
exercise. |
| 13. |
Records
may be kept in their original format or in electronic or recorded
format that is readily and easily capable of being reduced to written
or printed form in clear text when required. |
| 14. |
The
acquisition of any information by the Loss Adjuster must be in accordance
with any privacy and protection of information legislation that may
be in force; |
| 15. |
A
Loss Adjuster must not disclose any confidential or other information
acquired or obtained from a client, principal, principal's client
or any other person involved in any investigation undertaken without
his principal or the person directly concerned providing written consent
before any such information is disclosed or released. |
| 16. |
A
Loss Adjuster must notify his principal of any complaint against him
while acting on his principal's mandate. |
| 17. |
A
Loss Adjuster shall not tout for business or work. To "tout"
means to solicit work in an improper manner that entails the exchange
of financial or other benefits and which will not in the ordinary
business environment or otherwise be construed as being an acceptable
professional marketing practice. |
| 18. |
A
Loss Adjuster must not practice or share offices or work premises
which are directly accessible to any person or body where such business
or association can be seen to give rise to any conflict of interest
in the Loss Adjuster performing his duties and mandate. |
| 19. |
A
Loss Adjuster must not conduct from his office any business other
than that of the profession or conduct any other business under his
practice's name or style or a similar name and style. |
| 20. |
A
Loss Adjuster must not abandon his practice or cease to trade without
providing timeous notice to his clients and make all necessary and
reasonable arrangements for the running off of any work still on hand
and for the disposal and/or safe keeping of his papers and files. |
| 21. |
A Loss Adjuster
must meet all his obligations and pay to the Institute of Loss Adjusters
of Southern Africa all and any moneys due to the Institute.
|
| 22. |
A
Loss Adjuster must not practice under any name, title, style or make
use of any stationery that breaches the dignity and status of the
profession of Loss Adjusting and which may: -
| a.
|
mislead
or fail to disclose such information as is prescribed by Statute
to be displayed on such stationery; |
| b.
|
make
reference to any other business save that of Loss Adjusting;
|
| c.
|
make
reference to any appointments he may hold or the names of his
clients; |
| d.
|
reflect
any qualification other than an academic qualification conferred
on him by any university, technikon or by any professional body,
including that 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 letters or title which
may include ACII, AIISA, FCII, FIISA, FIFAA, AILA; |
|
| 23. |
A
Loss Adjuster must at all times comply with and adhere to the Constitution
and By-Laws of the Institute of Loss Adjusters of Southern Africa. |
| 24. |
Failure
to comply with this Code of Conduct may lead to the dismissal of a
member from the Institute of Loss Adjusters of Southern Africa in
terms of the Institute's Constitution and By-Laws. |
| 25. |
Any
Loss Adjuster who is in breach of this Code of Conduct shall be presumed
to have committed an act of unprofessional conduct. |
