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Replies (5)
- ConnieK_Oklahoma
- Contributions:2899
you probably need to fill in some detail.
i'm making a lot of assumptions about what you are asking and while I will refrain from interpreting the law or giving a legal opinion...I would say if I understand what you are trying to say - it would concern me greatly that there is a conflict of interested and I would take the matter to a person in an authority position that had the official role of saying it was legal or not. (rather than just seeking input from here.)
it sounds like you're describing somethign that should be illegal.
i'm making a lot of assumptions about what you are asking and while I will refrain from interpreting the law or giving a legal opinion...I would say if I understand what you are trying to say - it would concern me greatly that there is a conflict of interested and I would take the matter to a person in an authority position that had the official role of saying it was legal or not. (rather than just seeking input from here.)
it sounds like you're describing somethign that should be illegal.
- ConnieK_Oklahoma
- Contributions:2899
additional note: when I mentioned you need to probably provide more detail, it's important to clarify that additional detail that would identify a person or look like an accusation would be inappropriate and only put you at risk, so IF you do respond to this post....only additional detail to the circumstance would be helpful in determining if there is great concern or not.
I suspect if you do come back and describe the situation a bit more you will get many responses but again, my thoughts are that if you think a public official has a conflict of interest, your best resource for verifying that is the governing authority.
I suspect if you do come back and describe the situation a bit more you will get many responses but again, my thoughts are that if you think a public official has a conflict of interest, your best resource for verifying that is the governing authority.
- PukonYukon
- Contributions:173
It's probably safe to say that it's not legal.
just report your concern and if it is legal someone will correct you.
just report your concern and if it is legal someone will correct you.
- Alma Kee, "Realtor Alma"
- Contributions:133
One of my friend recently had a fire at her rental property at the Public Adjuster got her significantly more than if she had tried to negotiate with the insurance company directly. I was skeptical at first but even after the Public Adjuster got their fee, she got an exceptional deal and it was probably FASTER, too.
Good luck..
All the best,
Alma
Good luck..
All the best,
Alma
- rtutwile
- Contributions:2
Our public adjusting firm is based out of Tampa. While I am not a lawyer and do not make comments on the law, it is my understanding that based on the statue (which is currently being challenged in the Florida Supreme Court) "A public adjuster may not directly or indirectly though any other person or entity initiate contact or engage in face-to-face or telephonic solicitation or enter into a contract with any insured or claimant under an insurance policy until at least 48 hours after the occurrence of an event that may be the subject of a claim under the insurance policy unless contact is initiated by the insured or claimant."
Taking into account the above, it should be noted that this only applies to residential losses as commercial losses and rental properties are not subject. There are a couple public adjusting firms out there who do not abide by this rule and they have different techniques/approaches as a way around it. This is an unfortunate practice, but it is rarely enforced. In my opinion the 48 hour ban will likely be overturned, which is why I think those select few do it. So to answer your question a public adjuster may disseminate information (which is the excuse they have for being on scene so early) but they cannot "solicit" the homeowner face to face, directly or indirectly until the 48 hour window has passed.
Also, effective January 1, 2012 a contractor is prohibited from adjusting a claim or negotiating their repair estimates with the insurance company unless they have a public adjuster license. However, a contractor with a public adjuster license may not be involved in the repair process on the same loss he is adjusting. I hope this clarifies things for you and should you require any additional information you can visit our [website removed by Zillow moderator]
Taking into account the above, it should be noted that this only applies to residential losses as commercial losses and rental properties are not subject. There are a couple public adjusting firms out there who do not abide by this rule and they have different techniques/approaches as a way around it. This is an unfortunate practice, but it is rarely enforced. In my opinion the 48 hour ban will likely be overturned, which is why I think those select few do it. So to answer your question a public adjuster may disseminate information (which is the excuse they have for being on scene so early) but they cannot "solicit" the homeowner face to face, directly or indirectly until the 48 hour window has passed.
Also, effective January 1, 2012 a contractor is prohibited from adjusting a claim or negotiating their repair estimates with the insurance company unless they have a public adjuster license. However, a contractor with a public adjuster license may not be involved in the repair process on the same loss he is adjusting. I hope this clarifies things for you and should you require any additional information you can visit our [website removed by Zillow moderator]
Is it legal for a Tampa PUBLIC ADJUSTER show up as a contractor to a homeowners loss within 48hrs?
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