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Public Adjusters – A Battle Looms

In the State of Florida over the last twenty years, Public Adjusters (PA) have been very successful in helping policyholders recover all the money they are entitled to collect. Way too successful for the insurance companies’ liking. So, a major battle is looming in the State of Florida over the business practices of Public Adjusters.

Three insurance associations are supporting legislation to restrict how Public Adjusters operate. The Florida Insurance Council, Property Casualty Insurers Association of America and the Florida Property Casualty Association issued statements which criticize Public Adjusters…who represent homeowners in the professional preparation of insurance claims…accusing them of “inflating” claims, driving up costs for all policyholders. hire a public adjuster in texas

But think about it for a moment, friends. The insurance companies enter into agreements with the PA and the policyholder to settle a claim. That means that “a buyer and a seller” agree on a price. Nothing forces the insurance companies to agree to a price they believe is too high. The insurance companies simply hate the fact that a policyholder goes into the marketplace and hires a claims professional to represent himself in the preparation of his claim. That is akin to the IRS getting mad at people for having their taxes prepared by an accountant.

State Senator Mike Bennett, R-Bradenton, and Rep. Janet Long, D-Seminole filed new legislative bills in February. The bills (S2264 and H1181) seek to:

• Prevent Public Adjusters from soliciting customers either by phone or in person unless both parties had a prior knowledge of one another or were family members.

• Prevent PAs from sending mail to prospective clients in the first 30 days after a storm. Further, the bill seeks to force Pas to label their letters “ADVERTISEMENT” in 14-point font red letters.

• Prohibit PAs from informing a prospective client of their firm’s success record in obtaining claim settlements for policyholders.

• Cap fees for PA services at 10% for hurricane claims, and a 20% cap for all other property claims.¹

It is a criminal restraint of trade to suggest that a Public Adjuster cannot attempt to make contact with a prospective client for 30 days after a storm. After a major hurricane, communications systems are usually broken for a time. In most instances, the only way a PA can contact a prospective client in the dasy after a storm is through either a personal visit or mail delivery.

Insureds with damages have immediate needs for emergency board-up, mitigation of damages, Living Expenses and other policy benefits. The insureds will need this kind of help immediately, not 30 days after the storm.

There is no legislation that prevents a building contractor from soliciting business right after a storm. Same goes for a roofer, tree removal company, or a debris hauler. So, no restriction should be imposed on PAs either. You don’t see a restriction on accountants in tax season. You don’t see restrictions on Personal Injury attorneys after accidents. Why pick on PAs?

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