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Admin
547 Posts |
 Posted - 04/08/2004 : 09:22:10
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| I often supervise groups of adjusters and discourage riding with contractors or roofers. It not that anything may be going on but the perception or appearance as sbeau4014 stated, that it could be going on that has caused most of the problems that I have dealt with. If a roofer or contractor is needed then I advise the adjuster to have the insured call the roofer or contractor and have the adjuster meet them at the risk. |
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Tom Toll
USA
154 Posts |
Posted - 04/09/2004 : 08:58:26
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| Roy is absolutely right. You should never ride with any contractor and you should never allow a contractor to ride with you. If an insured does not know a contractor, you can ask his permission to have one meet you at the property, with the understanding that the insured has the right to hire whomever he wishes to do the work. If you have a two story structure and do not have a two story ladder, explain to the insured that you will have to call someone to get onto the roof. If he/she does not know a roofer, get one yourself, making sure the insured understands that it is for inspection purposes only. |
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adjuster12
USA
21 Posts |
Posted - 04/09/2004 : 19:01:09
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| Tom, I could not agree more.!!!!!!! |
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jaggy1313
2 Posts |
Posted - 04/17/2004 : 01:56:46
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I work with many property owners that have 10 or more props in the columbus area.When i get the call from the ia/sa, i always ask that we take separate trucks to each prop.You would be surprised at the number of adjusters that say they rather take 1 truck as their reasons being that I,the salesman ,know the city better to that they dont see why waste more gas/money then the 2 of us should.But to this day i still take my own truck to each inspection with the adjuster following me.
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ClmGui
12 Posts |
Posted - 04/18/2004 : 09:12:53
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-quote from Tom Toll,
"If an insured does not know a contractor, you can ask his permission to have one meet you at the property, with the understanding that the insured has the right to hire whomever he wishes to do the work".
Why do you have to ask the insured for permission? Don't you have a right to inspect?
Why does the insured have the right to hire whomever he wishes? |
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fivedaily
USA
258 Posts |
Posted - 04/18/2004 : 10:44:57
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ClmGui,
To answer your questions...
"Why do you have to ask the insured for permission? Don't you have a right to inspect?"
An adjuster might ask permission because they would be bringing a complete stranger to the person's house and it is a matter of courtesy to make sure that is okay. And we all know the insurance company has the right to inspect. Let's hope you asked that rhetorically.
"Why does the insured have the right to hire whomever he wishes?"
Please tell me you don't really ask this question with a straight face? The insured has that right because they live in America and have accomplished the dream of home ownership. It's their house and they can do whatever they want to it, including hiring whomever they please to do whatever they ask.
Jennifer
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katadj
USA
315 Posts |
Posted - 04/18/2004 : 10:54:10
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Yes, The adjuster has the right to inspect the loss.
The question asked to the insured was for the adjuster’s protection, in the event of a liability claim. Sans the permission of the owner, the adjuster is sticking their neck out by allowing any other party to access property, which belongs to another. At least that is my take on the post.
With regard to the second question: The owner of the property (Insured) is the only person who can select a person/company to affect repairs, investigate or report on damages.
The exception to this rule is that the carrier retains the right to effect said repairs/ replacement at their discretion, which happens rarely.
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alanporco
USA
112 Posts |
Posted - 04/18/2004 : 11:04:23
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| ClmGui: How would you answer: "Why does the insured have the right to hire whomever he wishes?" |
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LarryW
USA
126 Posts |
Posted - 04/18/2004 : 11:27:02
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| katadj: Do you think the Insurer's right to "effect said repairs/replacement" is enforceable under the contract? Can't the Insurer select someone to investigate damages? Can't the Mortgage Co. report a claim or effect repairs? Suppose the insured is not the owner, who has what rights? |
Larry Wright |
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katadj
USA
315 Posts |
Posted - 04/18/2004 : 13:37:25
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The rights inure to the named Insured and/or their assigns.
If an insured goes BK and the property is repossessed, (foreclosed upon) by the lender, the lender is an additionally named insured on the policy, so the initial insured may not have a claim but the mortgagor will have a claim. (States rights dictate the proper provisions, so be sure to check)
The Insurer always retains the right to make the repairs, it is written in the policy.
The difficulty is that the Insured may not accept the work, and it could be a can of worms. Most times the insurer does not opt for this, but I have seen it happen.
The insurer always directs the investigation of the claim, that is who gives the adjuster the work.
The Insured can hire a consultant, a contractor a Public Adjuster to represent them.
With respect to the insured not being the legal owner of the property, then the element of lease enters the fray. This is a very interesting and a relative quagmire.
Is the leased property, Net, net/net, or triple net? This MUST be answered by obtaining a copy of the lease; all subleases, and any and all land leases.
A commercial loss of this nature is not for the faint of heart, nor for the inexperienced adjuster. A qualified General Adjuster best handles it.
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LarryW
USA
126 Posts |
Posted - 04/18/2004 : 13:49:07
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can the insured assign their claim to a roofer?
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Larry Wright |
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KileAnderson
USA
875 Posts |
Posted - 04/18/2004 : 13:59:18
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| Would you assign power of attorney to a roofer? |
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katadj
USA
315 Posts |
Posted - 04/18/2004 : 14:27:06
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Anyone can give away anything, but why?
If the insured has a debt owed on the property, (Mortgage, 1st, 2ond, third, equity loan, or any other debt secured by the property) they cannot assign benefits not due them to others without permission.
Unless the property is free and clear of any and all obligations, (and you might also check any wills in existence) the proceeds cannot be assigned. (States provisions will prevail)
The contractors name can, and sometimes is, included on the draft or check, but only at the direction of the insured. (Again, States provisions prevail)
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Russ
USA
75 Posts |
Posted - 04/18/2004 : 15:54:25
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| Bottom line. Dont bring a Contractor to ANY inspection. When you bring any contractor to the loss, the insured might assume that the contractor is a good one or at least honest. Every city has Yellow Pages. I always steer them to the Chamber of Commerce. I will always tell the insured to select a contractor they are going to use or have a signed contract with and I will make them part of the settlement process. |
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LarryW
USA
126 Posts |
Posted - 04/18/2004 : 17:18:45
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katadj: Why? Maybe in exchange for a new roof? I said nothing about giving anything away.
Kile: I asked about assigning the claim (i.e. an assignment of the insured's interest of the claim payable under the policy), not signing a power of attorney. |
Larry Wright |
Edited by - LarryW on 04/18/2004 17:23:28 |
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ethics or kickbacks...
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