The Florida Supreme Court ruled that a public adjuster cannot act as an appraiser for a homeowner they represent when the insurance policy specifies that the appraiser must be "disinterested." The ruling came in a lawsuit filed by Jon Douglas Parrish against State Farm Insurance over damages suffered during Hurricane Irma. Parrish had wanted to use the CEO of the public adjusting company he hired for his insurance claim to act as an appraiser to resolve a dispute with State Farm Florida Insurance, but the court said that an appraiser cannot be "disinterested" if they, or a firm in which they have an interest, are to be compensated for services as a public adjuster with a contingency fee.
Florida's property insurance industry is struggling to stay afloat, as six insurers have become insolvent and others have raised premiums significantly. Governor Ron DeSantis is working with lawmakers to schedule a special session to stabilize the market. Some measures being considered include revising state law to allow insurance policies that bar assignment of benefits agreements, lowering the retention level of the Florida Hurricane Catastrophe Fund, and addressing attorney fees in litigation. Industry insiders and company leaders warn that waiting until 2023 to make reforms will be too late and would not give insurers relief before reinsurance renewal deadlines next summer.
Florida Chief Financial Officer (CFO) Jimmy Patronis issued a media release advising homeowners of their rights when working with public adjusters for Hurricane Ian insurance claims. While public adjusters can potentially get homeowners more money from their claims, consumers should consider whether the cost is worth the benefit. Homeowners must also know their rights under Florida law and be aware of bad actors who may try to get between policyholders and their insurance claims. Florida law gives homeowners up to 10 days from the date of the contract to cancel, and public adjusters are subject to fines if they violate any provisions.
In the aftermath of Hurricane Ian, people are grappling with insurance issues, particularly property damage. To help clarify some of the frequently asked questions, a public adjuster sat down with WINK News. Public Adjuster Scotty Moland explains that they get paid by taking 10% of what they recover, and it is not an act of good faith to charge more than 10% on hurricane loss. Additionally, new legislation has made policyholders responsible for paying lawyers if insurance companies do not act in good faith. It is essential to look out for red flags when signing a contract with a public adjuster.