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Appellate Court Ruling Renders Florida’s Policy Holders and Public Adjusters Victorious

courtexterior3.jpgThe First District Court of Appeal, one of the State’s Appellate Courts, located in Tallahassee, delivered some very good news to both Florida policyholders and public adjusters. The First District Court of Appeal found a law that restricted public adjusters to be unconstitutional.

In 2008, Florida passed a law that prohibited public adjusters from initiating contact directly or indirectly with policyholders during the first 48 hours after an event that triggers a claim. The law was challenged in a law suit by Frederick Kortum, a public adjuster in Oviedo. He filed suit against the Chief Financial Officer Alex Sink and the Department of Financial Services.

Kortum made the argument that the first 48 hours are of vital importance because policyholders may make decisions that affect how much they could receive from an insurer. For example, a policyholder may not properly preserve evidence or find all damages. The First DCA referenced a Pennsylvania Supreme Court case which argued that these first two days are crucial because a policyholder may not stay at a severely damaged property and move to another location, which could lead to not receiving information regarding hiring their own adjuster.

Initially, a trial court found the law constitutional. The appellate court stated in its opinion that the law “unambiguously bans all solicitation for 48 hours.” The court found the restriction to violate the commercial free speech rights of public adjusters.

In a statement released by The Florida Association of Public Insurance Adjusters, the organization commended Kortum for filing the suit. “His efforts, and that of the legal team, have made it easier for Florida consumers to get the assistance they need when dealing with insurance losses.”

This ruling is no doubt a major victory for all of Florida’s policy holders, and public adjusters. It should be noted that Florida’s public adjusters have come under increased scrutiny in recent years. However, public adjusters assist many Florida homeowners in securing a maximum amount of recovery for their loss.
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If you are facing a dispute over an insurance claim in Florida, contact Alvarez & Barbara, LLP toll free at 866-518-2913 for a free and confidential consultation to discuss your rights.

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