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Stormkat

USA
2 Posts

Posted - 09/09/2003 :  15:34:30  Show Profile
My brother-in-law has a felony (white collar corporate 1999). Can he work as an adjuster and will most claims service companies hire him if he has experience? He has his Tx license.

Edited by - Stormkat on 09/09/2003 16:22:34

KileAnderson

USA
875 Posts

Posted - 09/09/2003 :  15:39:41  Show Profile
I seriously doubt it.
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ALANJ

USA
159 Posts

Posted - 09/09/2003 :  15:54:01  Show Profile
Doubt he can get a license.
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olderthendirt

USA
370 Posts

Posted - 09/09/2003 :  16:21:29  Show Profile
Had a friend was snet home when they found he had an assualt charge years ago. Notice many vendors/ compies are doing back ground checks. It is also a question on most licence applications. He will have trouble.
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trader

USA
236 Posts

Posted - 09/09/2003 :  16:28:22  Show Profile
If he renewed in Texas, he has commited another crime by a wrong answer on his license application for renewal.
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pilot48

USA
78 Posts

Posted - 09/10/2003 :  09:34:36  Show Profile
YES, of course he can adjust claims. If the felony was brought by the State vs. a Federal charge he most certainly handle claims.

Write me and I'll explain in more detail.
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TomWeems

USA
24 Posts

Posted - 09/10/2003 :  13:45:56  Show Profile
This is what the 1994 Crime Control Bill says on the subject. I believe this is the governing law...

"Specifically, this Act provides that a person, who has been convicted of a felony involving: (1) breach of trust; (2) dishonesty; or (3) insurance crimes as defined in 18 U.S.C. §1033, is prohibited from engaging in insurance activities unless written consent is granted by the Director of Insurance in accordance with 18 U.S.C. §1033. Employees of insurance companies or other entities engaged in insurance activities, and persons who are licensed by the Department or who seek to become licensed, are subject to the Act. Any individual who has been convicted of a felony involving breach of trust, dishonesty or an insurance crime as described above, and who desires a license to engage in insurance transactions, may seek an exemption from the federal prohibition of engaging in insurance activities by filing an application for licensure with the Director of Insurance."

This is from the State of Nebraska DOI site...

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trader

USA
236 Posts

Posted - 09/10/2003 :  15:03:44  Show Profile
If you can, please post the vendors name at this site, and we will blast the vender and the carrier.
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fivedaily

USA
258 Posts

Posted - 09/10/2003 :  17:44:29  Show Profile
Come on now Bryan... that kind of talk is really uncalled for. Jennifer
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ALANJ

USA
159 Posts

Posted - 09/10/2003 :  18:29:52  Show Profile
Now Jenn:

Would Allstate hire a felon??
The truth is the truth.
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fivedaily

USA
258 Posts

Posted - 09/10/2003 :  19:57:09  Show Profile
Couldn't say Alan... that is a question for HR. I was just suggesting that Bryan not say that most roofers are felons. That's not right nor is it in the spirit of this community.

Jennifer
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CCarr

Canada
1200 Posts

Posted - 09/10/2003 :  19:59:17  Show Profile
Unfortunately, there are too many within our trade that are proved to be felons each year; for their devious deeds within the insurance industry. Many more are unceremoniously tossed for their felonious actions, so as not to show the carrier's dirty laundry to the public.

We should not throw stones at other trades.

There is a heavy onous on a vendor or a carrier not to expose their clients, shareholders or policyholders to people who have a criminal past.
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pilot48

USA
78 Posts

Posted - 09/11/2003 :  11:18:41  Show Profile
Regardless, the simple answer to the question is yes, a felon can work as an adjuster. The language contained in most all state statutes echo the federal code cited above 18 USC, understanding that each state regulates its' own insurance laws!

While most insurance companies probably won't waste their time in looking into just what ones' particular charges were to see a way to exempt them and allow them to work, they certainly have the power to do so under 18 USC and within their own state statutes.

One specific example I can cite is a gentleman who has been adjusting for over 17 years, while away on a storm his wife cleaned out their bank accounts and left him without his knowledge. He wrote a check for some office supplies and upon returning home found not only his wife gone, but notices from the bank that the check had been returned for non-sufficient funds.

He hired a lawyer, fought the felony charges brought against him, lost and was convicted of a lesser charge, but still a felony. Both the insurance company and his home license state reviewed the total situation and deemed him NOT to be a risk to the industry and re-newed his license and permitted him to continue with his career.
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dano009

46 Posts

Posted - 09/11/2003 :  12:50:14  Show Profile
It all depends on what type of a felony we're talking about. Felony convictions for fraud, theft, violence and drugs probably will keep a person from obtaining a license and a job. I know a guy who has a felony DUI and he got licensed in about eight different states that conduct background checks on the applicants.

Of course, doesn't everybody have a felong conviction in today's society?

Reminds me of when Sen. John McCain was playng Attorney Gen. John Ashcroft on SNL not long ago.
McCain said for Ashcroft that America will not be safe until every American is afraid of going to jail. America isn't just fighting terrorism these days.
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bryan newell

USA
45 Posts

Posted - 09/11/2003 :  13:47:59  Show Profile
Jennifer,
I regret that you failed to see the sense of humor in my comment. My reference to the roofers being felons is the fact that they try to "steal" roofs away from the insurance carriers. In most states theft over a value of $2000.00 is a felony & since most roofs average way more than $2000.00, this offense would consistute felony larceny.
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stevendemars

USA
12 Posts

Posted - 09/13/2003 :  17:22:05  Show Profile
He definitely can if he has received a full pardon from the Governor of the state in which he was convicted. . . Restoration of all his rights are accomplished through a pardon. Voting, firearms possession, etc . . .
Like it never happened . . . .

Steve

Steven DeMars
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