What Is The Role Of A Public Adjuster In Filing An Insurance Claim?
If you have ever filed an insurance claim, you have no doubt dealt with an adjuster, i.e., the person employed by the insurance company to review your case. But there are also individuals known as public adjusters who are licensed by the State of Florida to represent individuals, such as yourself, in protecting your interests during the claims process. Remember, the insurance company’s adjuster is there to protect the company, not you. A public adjuster can thus help to level the playing field, as they understand how insurance policies and laws work better than you. Can Public Adjuster Also Serve as Disinterested Appraisers? Of course, public adjusters are not free. They work on a contingency basis. That means you do not have to pay them any upfront fees, but they are entitled to an agreed-upon percentage of whatever settlement you ultimately receive from the insurance company. This makes the public adjuster an interested party in resolving your insurance claim favorably. This “interest” was also the subject of a recent decision from the Florida Second District Court of Appeals, State Farm Insurance Co. v. Parrish. This case involved a homeowners’ policy claim arising from Hurricane Irma. The homeowner retained a company as public adjuster and agreed to pay them 10 percent of any settlement. An employee of the public adjuster subsequently appraised the homeowner’s claim at $495,079.25, which was submitted to the insurance company, State Farm. In submitting this claim, the employee also invoked the homeowner’s right under the policy to “select a qualified, disinterested appraiser” in the event State Farm disputed the amount of the claim. The employee designated the president and owner of his company as the appraiser. State Farm objected and filed a petition in Collier County Circuit Court to “compel appraisal with [a] disinterested appraiser.” In simple terms, State Farm argued that the public adjuster could not designate itself as the disinterested appraiser, since it had a financial interest in the final settlement. The Circuit Court dismissed this petition, however, prompting State Farm to appeal to the Second District. The appellate court sided with State Farm, albeit with some confusion. The Second District noted that State Farm appeared to have invented a new type of legal proceeding. That is, there was no such thing as a “Petition to Compel Appraisal with Disinterested Appraiser” under Florida law. Nevertheless, the Second District decided to treat this as an appeal of a final order in a normal civil case. And in reviewing that order, the Second District said it was clear that a public adjuster hired by the homeowner could not also serve as a “disinterested appraiser,” such as that term was used in the insurance policy. Since the whole point of the appraisal process is to recommend a monetary award to the homeowner, the public adjuster’s “contingency stake” in said award was clearly a “pecuniary interest.” The Second District noted its holding put it in conflict with the Third District Court of Appeals, which has previously held that a contingency fee arrangement does not automatically disqualify an adjuster from serving as an appraiser, so long as that arrangement is disclosed. The Second District certified the conflict to the Florida Supreme Court, which has the option of taking up the case to resolve the matter. Contact HD Law Partners Today If you are involved in any type of claims dispute following a hurricane or other disaster and need advice or representation from an experienced Tampa insurance attorney, contact HD Law Partners today to schedule a consultation. Source: https://scholar.google.com/scholar_case?case=813-253-533374549717 Posted in Insurance Litigation | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us