Circuit Court Upholds Prohibition Against Public Adjuster Solicitation of Insureds During Catastrophe
A Tallahassee circuit court in the case of Frederick W. Kortum, Jr. v Alex Sink, upheld the state statute that prohibits adjusters from soliciting insured homeowners within 48 hours of a catastrophe. The ban contained in section 626.854(6), Florida Statutes, was challenged as an unconstitutional suppression of commercial free speech and a violation of the public adjusters’ equal protection rights. The court accepted the argument of the Department of Financial Services that the statute only prohibited face to face meetings and telephone solicitations and not advertising and therefore regulated conduct rather than speech.