News & Updates

public adjuster

Residential Property Insurers Face New Reporting Requirement

Residential Property Insurers Face New Reporting Requirement

The new year brings the initial reporting period for a new closed claim reporting obligation applicable to residential property insurers.  In the 2021 legislative session, the Florida Legislature adopted SB 76 which, among other things, amends Section 624.424 pertaining to insurers’ annual statements. The new requirement specifies that beginning January 1, 2022, each authorized residential […]

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Who Appoints Whom?

Who Appoints Whom?

Florida’s requirements relating to appointments can be confusing.  Here’s a quick summary of the individuals or entities who can make appointments under the insurance code: Insurance companies can appoint agents and insurance company employee adjusters. Licensed and appointed general lines agents can appoint customer representatives, crop hail and multi-peril crop agents. Adjusting firms can appoint […]

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Special Ethics Provisions Apply in States of Emergency

Special Ethics Provisions Apply in States of Emergency

With hurricane season now being only a month away, the Florida Department of Financial Services (DFS) has taken the opportunity to remind licensees of unique claims adjusting requirements that apply during states of emergency.  The Governor typically will declare a “state of emergency” during a hurricane affecting Florida.  Among other things, the declaration of an emergency invokes […]

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DFS Reminds Public Adjusters of Conflict of Interest Prohibitions

DFS Reminds Public Adjusters of Conflict of Interest Prohibitions

The Florida Department of Financial Services (DFS) recently issued a reminder to public adjusters to avoid conflicts of interest while performing the duties under their license.  DFS pointed to section 626.8795, Florida Statutes, in advising public adjusters that they may not: participate directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the […]

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DFS Reminds Adjusting Firms to Designate Primary Adjuster

DFS Reminds Adjusting Firms to Designate Primary Adjuster

The Florida Department of Financial Services reminds adjusting firms that the primary adjuster law requires each person operating an adjusting firm, and each location of a multiple location adjusting firm, to designate a primary adjuster for each such firm or location.  The law defines a primary adjuster as the licensed adjuster who is responsible for the hiring […]

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Fourth DCA Cases Deliver Setback on Assignment of Benefits Issue

Fourth DCA Cases Deliver Setback on Assignment of Benefits Issue

The Fourth District Court of Appeal recently issued three opinions that compound the concerns of insurers dealing with increased claims costs due to assignments of benefits.  This latest setback follows an earlier decision of the Fifth DCA rejecting an insurer’s argument that post-loss assignments should be prohibited based on a contractor’s not having an insurable […]

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SB 1672 Makes Minor Adjustments to Citizens

SB 1672 Makes Minor Adjustments to Citizens

As with prior legislative sessions, the 2014 session began with a variety of competing proposals affecting Citizens Property Insurance Corporation, many of which were intended to continue efforts to significantly reduce the size of the residual market. However, by the end of the session, the more ambitious proposals such as allowing surplus lines insurers to […]

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Florida Supreme Court Affirms That 48-Hour Post-Event Public Adjuster Solicitation Ban Is Unconstitutional

Florida Supreme Court Affirms That 48-Hour Post-Event Public Adjuster Solicitation Ban Is Unconstitutional

Jeffrey H. Atwater v. Frederick W. Kortum, Case No. SC11-133 (Fla. 2012).  On July 5, 2012, the Supreme Court of Florida affirmed a decision by the Florida First District Court of Appeal that the statutory ban on public adjusters initiating contact with a claimant within 48 hours of an event that may be the subject […]

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First District Court of Appeal Tosses Out Limit on Public Adjuster Solicitations

First District Court of Appeal Tosses Out Limit on Public Adjuster Solicitations

Florida’s First District Court of Appeal has ruled that a statutory ban on solicitations by public adjusters for 48 hours following losses violates the Florida Constitution.  The Florida legislature enacted a 48-hour solicitation ban in 2008 as part of a series of reforms.  The Florida Department of Financial Services interpreted the statute not to prohibit […]

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