News & Analysis as of

Property Damage Public Adjusters

Cozen O'Connor

Texas Supreme Court Rejects Free Speech and Due Process Challenges to Public Adjuster Regulations

Cozen O'Connor on

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

Hahn Loeser & Parks LLP

Lessons Learned from Hurricane Ian Can Maximize Idalia Insurance Recovery Efforts

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

Saul Ewing LLP

Under Illinois Law an Owner, Not its Insurer, Is At Risk for the Misdeeds of the Owner’s Public Adjuster

Saul Ewing LLP on

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

Rumberger | Kirk

Florida’s 3rd DCA Analyzes Whether a Public Adjuster Who Receives Contingency Fee can Act as a “Disinterested” Appraiser

Rumberger | Kirk on

Is it possible for a public adjuster to be considered disinterested in the outcome of a case, yet get paid based on the outcome of that same case? Florida’s Third District Court of Appeal says yes, for now! ...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

Rivkin Radler LLP on

New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential...more

Zelle  LLP

Limited Power of Attorney No Substitute for AOB in Texas

Zelle LLP on

When an insured suffers a loss, they sometimes do not have the resources up front to make the repairs to their property. In many states, an insured can hire a contractor to perform the work in exchange for a post-loss...more

Butler Weihmuller Katz Craig LLP

Alabama and Mississippi Insurance Law Questions Following Hurricane Nate

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

Zelle  LLP

The Ethics of Using Public Adjusters as Expert Witnesses

Zelle LLP on

Somewhere in Texas at this very moment a public adjuster is knocking on the door of a home or business owner offering to inspect the roof for wind or hail damage and assist with the submission of an insurance claim. It is...more

Haight Brown & Bonesteel LLP

Appraisers’ Failure to Perform Assessment of Property’s Existence or Damage is Reversible Error

In Lee v. California Capital Insurance Co. (No. A136280; filed 6/18/15), a California Court of Appeal held that it was error for an appraisal panel to assign loss values to items simply because they were listed in the...more

Cozen O'Connor

Indiana Court Dismisses Bad Faith Allegations and Praises Insurer for Timely Claims-Handling

Cozen O'Connor on

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

Zelle  LLP

Public Adjusters Do Not Have Free Pass To The Stand

Zelle LLP on

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

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