# Public Adjusters - From Defense to Offense



## larryb (Jul 22, 2010)

After years of fighting against lawyer association allegations that public adjusting was akin to the unauthorized practice of law, public adjusters have apparently been given a reprieve. Now, as many of you across the country have experienced recently, the PA lobby is coming after contractors who advocate on behalf of property owners with insured property damage.

The following quote is from NAPIA attorney Brian S. Goodman, Esq. of Hodes, Pessin & Katz, P.A. on Thursday, March 11, 2011: _"Interestingly, and paradoxically, we are now finding that while we no longer have to fight the issue of the unauthorized practice of law, we have to take the offensive and fight the unauthorized practice of public adjusting, as, in this down economy, we are finding that roofers and general contractors in the United States are advertising their services essentially as public adjusters._
 
_Insurance Departments and Attorney Generals are beginning to take notice of this, and there have been directives in numerous states, including but not limited to North Carolina, Minnesota, Oklahoma, and others, forbidding the unauthorized practice of public adjusting. These pronouncements are available online as they are public records. NAPIA members should feel free to bring them to the attention of their State Insurance Departments in order to help in the fight against the unauthorized practice of public adjusting."_

Just as they were rightly asking what right does the ABA have in attempting to restrict the free enterprise rights of PA's, I ask, what right does the PA lobby have to now attempt to restrict the free enterprise rights of contractors of all stripes and prevent them from doing what they do better than anyone else? The second paragraph is very telling...more on this later


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## ARC1 (Jan 2, 2011)

I am very curious and interested on this topic.


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## buildpinnacle (Apr 18, 2009)

Most states are adopting a statute that prevents a roofer from getting his PA license in self defense......let me re-phrase that. They conveniently prohibit any public adjuster from being directly or indirectly involved in the reconstruction process of the property. In essence, a roofer cannot be a PA and work his own claims. When Texas adopted a PA law a few years back, it was not because the PA's wanted to be recognized. The large PA firms lobbied the state legislature to get a law passed that would hinder a roofers ability to 'negotiate' a claim. I don't have a problem with it anymore. If I had a nickel for every time I've been accused for practicing law without a license or acting like a PA, I could retire. There is absolutely nothing wrong with a roofing contractor acting as an expert in their trade. We clearly have the right, the knowledge, and experience to act as an expert in establishing extent of damage to roofing systems, establishing scope of repairs/replacment that will put the insured back to a pre-storm condition, and establishing a fair market value for the damages sustained. A few years back I recieved a 'warning' letter from one Insurance Department. I had my lawyer fire back a 'warning' letter to let them know they were bordering on us filing a lawsuit on the courthouse steps media and all for restraint of trade, discrimination, etc etc. I never heard another word from them.


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## larryb (Jul 22, 2010)

buildpinnacle said:


> Most states are adopting a statute that prevents a roofer from getting his PA license in self defense......let me re-phrase that. They conveniently prohibit any public adjuster from being directly or indirectly involved in the reconstruction process of the property. In essence, a roofer cannot be a PA and work his own claims. When Texas adopted a PA law a few years back, it was not because the PA's wanted to be recognized. The large PA firms lobbied the state legislature to get a law passed that would hinder a roofers ability to 'negotiate' a claim. I don't have a problem with it anymore. If I had a nickel for every time I've been accused for practicing law without a license or acting like a PA, I could retire. There is absolutely nothing wrong with a roofing contractor acting as an expert in their trade. We clearly have the right, the knowledge, and experience to act as an expert in establishing extent of damage to roofing systems, establishing scope of repairs/replacment that will put the insured back to a pre-storm condition, and establishing a fair market value for the damages sustained. A few years back I recieved a 'warning' letter from one Insurance Department. I had my lawyer fire back a 'warning' letter to let them know they were bordering on us filing a lawsuit on the courthouse steps media and all for restraint of trade, discrimination, etc etc. I never heard another word from them.


Well said, buildpinnacle! Problem is that far too many contractors allow themselves to be intimidated by the "authorities" when they shouldn't be.


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## dougger222 (Aug 13, 2010)

I was told this was coming from an inspection with an independant adjuster last Fall. He had a copy of the signed paperwork from the Dept. of L&I.


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## larryb (Jul 22, 2010)

dougger222 said:


> I was told this was coming from an inspection with an independant adjuster last Fall. He had a copy of the signed paperwork from the Dept. of L&I.


 
And this was/is my response:

www.iccoa.com/ipa.htm


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