A recent case1 had the following fact pattern of facts and findings:

1. Public adjuster Erick Arias of Universal Loss Consultants, Inc., was hired as a loss consultant for the Plaintiffs with respect to the subject insurance claim.
2. Erick Arias produced an estimate for the Plaintiffs prior to the invocation of appraisal.
3. There exists a fiduciary relationship between Erick Arias and the Plaintiffs through the Plaintiffs’ counsel.
4. It is unreasonable to believe that Erick Arias would second-guess his initial estimate at appraisal.
5. There is too great a likelihood that neither Erick Arias, nor any other person affiliated with Universal Loss Consultants, Inc. could be disinterested for the purposes of appraisal as required by the appraisal provision of the subject policy.

Continue Reading Is a Public Adjuster Estimator a Fiduciary When Hired By An Attorney and Disqualified to Act as Appraiser?

As many homeowners, condominium owners, directors, property managers, and public adjusters are aware, the Florida statutes of limitation are approaching for Hurricanes Katrina and Wilma….
Continue Reading Condominium and Homeowner Associations’ Fiduciary Duties Particularly in Light of Approaching Statutes of Limitation