Posted on January 6, 2010 by Chip Merlin

Public Adjuster Lawsuit Challenging State's Cap on Fees and Solicitation Ban Survives Venue Change

In a widely read previous post, Florida Public Adjusters File Lawsuit to Overturn 48 Hour Solicitation Ban and Fee Caps, I noted how a lawsuit in Miami-Dade County challenged the fee cap and solicitation ban on public adjusters. The State challenged venue, and in a recent order, the trial court denied the change of venue.

The interesting discovery phase will now start. I expect it to be a blockbuster.

Here is the Order denying the change of venue:


 
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Comments (2) Read through and enter the discussion with the form at the end
Mark Wood - January 6, 2010 5:03 PM

I am a licensed Public Adjuster in Florida and Texas.
I am also a commercial roofing contractor and this has become my full time job.

I intended to work as a public adjuster but I never understood why these professionals were willing to work so hard for just 10%. Once I discovered the rules that the company adjusters were supposed to play by I knew I could be much more profitable as a contractor. I won't say by what margin but it isn't even close to 10%.

A close friend of mine is a successful PA in Florida and Texas, and I am intimately aware of the time and involvement he has in every claim he takes. As a public adjuster, HE WORKS AS HARD AS I DO AS A CONTRACTOR!! The sole differenc that I am earning 2-3 times more from every claim. This isn't an equitable situation.

Additionally, after an insured pays a PA their 10% they are left with a settlement that's short by the deductible and the PA fee the insurance settlement is now less than what my own contract entitles me to by quite a bit. I think it is totally unreasonable that the insured is responsible for the cost of recovering what they were entitled to all along.

I'd love to read your comments. Thanks!

Mr. Merlin, my father speaks very highly of you. I personally want to thank you for your commitment to doing the right thing.

shirley heflin - January 6, 2010 8:26 PM

Well, at least the Plaintiffs are getting off to a good start! :)

SHIRLEY HEFLIN

P.S. Looking fw'd to reading your entry tomorrow regarding your participation in the Roundtable Discussion today in Tallahassee.

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