A roofing contractor called Stonewater Roofing, Ltd. (Stonewater) challenged a Texas statute regulating public adjusters' conduct on the basis that the statute violates free speech and due process rights under the First and...more
The communities of Southwest Florida suffered a catastrophic blow in September of 2022 when Hurricane Ian decimated so much in its path. Now Hurricane Idalia brings yet another set of challenges to Southwest Floridians, who...more
In a recent decision by the Seventh U.S. Circuit Court of Appeals, the court interpreted Illinois law and clarified the rights and obligations of owners, their insurers and public adjusters in the situation in which the...more
We bring you our March Insurance Update. As college basketball programs embark on the road to the final four, we select our top four insurance cases from the past month. In a dispute over the priority of coverage, the...more
The Florida Legislature recently passed numerous pieces of legislation which impact Florida’s property insurance carriers. Specifically, Senate Bill 76 (“SB 76”) and Senate Bill 1598 (“SB 1598”) were enacted. Governor...more
First-party property policies typically include appraisal provisions requiring each party to appoint a “disinterested” or “impartial” appraiser. A Florida appellate court recently addressed the question of what makes a...more
The natural abundance of salt and moisture combined with the devastating power of Hurricane Irma produced a torrent of insurance claims. Florida law incentivizes hungry adjusters to get creative and a second wave of claims is...more
It is not unusual for an insurance adjuster to arrive at a new loss to find that the insured has already hired a public adjuster and the public adjuster’s retained remediation company has started to clean up the site. ...more
Florida House Bill 911, “An Act Relating to Insurance Adjusters” became law on January 1, 2018. In large part, the new legislation deals with the internal operation of public adjusting firms....more
Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as a Category 1 Hurricane. The eastern quadrant of the storm’s center also passed over significant portions of...more
Dear Public Adjustor: I’m often proud of my dad, like when he stood up to the PTA about The Catcher in the Rye. But lately he has me worried. He’s sacrificed an entire season’s corn crop to build a ballfield in the...more
Disputes between the insured and its public adjuster (PA) are frequently contentious and have the unfortunate potential to draw the carrier into litigation. A perfect example is last week’s decision in Public Adj. Bur., Inc....more
Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a...more
Obvious to anyone in the insurance industry, Texas courts are experiencing an explosion of first-party property insurance lawsuits arising from wind and hail related insurance claims. Dozens of lawsuits are filed every day in...more
A recent federal District Court decision from Indiana, Autumn Glen Homeowners Ass’n. v. Travelers Ind. Co. of America, 2015 WL 1256391, 2015 U.S. Dist. LEXIS 33317 (S.D. Ind., Mar. 18, 2015) provides insight into both...more
In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not...more