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 […]
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 […]
Two lawsuits have been filed seeking declarations that certain provisions of the public adjuster law are unconstitutional. One suit was filed in Leon County on behalf of Fredrick W. Kortum, Jr. and one was brought in Miami-Dade County on behalf of three adjusting firms. The lawsuits challenge subsection 626.854(6) and subparagraph 626.854(11)(b)(2), Florida Statutes. The […]