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OG,

This would not be the first time a DOI was incorrect.

FB

Bill can the DOI of Georgia require a PA to be approved in GA to handle a NFIP loss? I would think the state of GA has a right and duty to write their own requirments for insurance claims in GA. which would also be NFIP losses.

Oh! Wait! I get it! It's the money, honey, ain't it? Particularly from all you herds of Texas adjusters with your big trucks and big boots and big egos and big empty wallets. So, the next question must be, how much extortion money is the Georgia Adjusters License fee?
 

Reciprocity, what a joke that is!

Ol' Ghost

Ray

In my past life as a cat adjuster there were never any mandates by a state to be licensed by the state to handle NFIP flood losses.  That would not apply to handle non nfip flood losses as some commercial and most mobile home policies provided flood coverage.  In those instances the state would have juristiction over any adjuster procseing those type claims.  I dont think that the majority of the flood adjusters handling for Colonial Claims or Sweet Claim service or any other designated vendors will get a tempo or emergency license to handle NFIP flood losses.  I wiould guess that the wyo witll follow suit with the NFIP vendors. 

I am in a different arena as a PA assisting insureds with flood losses as there is no restriction at all by NFIP as to who can assist them with their claim.  I am sure in a knock down drag out battle with the Georgia DOI I would prevail if they elected to try to enforce their rule 33-23-4 that requires all adjusters handling claims in Georgia to be licensed by DOI as Federal laws trump state laws.  In the adjustment of an NFIP policy I can not say that  according to the state law Mr. Adjuster  you have to respond  to a written letter within fourteendays or I will file a complaint with the Georgia DOI.  He would just say "Fileaway  they do no tell me what to do."   The NFIP will never abrogate thier authority to any state DOI.

In every instance that I am aware of where a DOI tried to exercise control over an NFIP program the Federal courts said, sorry but you can not do that.  it is very difficult for a PA to take a claim to appraisal or to make  them do anythong that they choose not to do even when it is the NFIP rules that we are pleading.  I would gladly get my Georgia license if I could contact the DOI for switching the legs of an adjuster that was acting unfair to an insured.  I takes an act of congress to change a word or a comma in the NFIP flood contract.  (which is not an insurance contract)  They are not required to get an approval from any DOI for any contract that congress  writes.

Many attorneys have had their E&O respond to a client that relied on an attorney advices that applied the state insurance laws that they know in detail but missed the POL deadline of sixty days from DOL.

I was licensed as a PA in GA for many years but dropped ti because of the expense for bonds and license fees.

I prefer the comforts of home to cat PA work and am not that excited to respond to the far away battlefields.

Bill Cook

Florida PA

 Please report any typos in my posting to the Georgia DOI

Thanks  tejasjayb

Advices coming from you mean a lot to me and others.

William S Cook

Florida Public Adjuster

Posted By Ol' Ghost on 23 Sep 2009 03:03 PM

...Reciprocity, what a joke that is!

You could take the Georgia state exam if you prefer.  The reciprocal nature of the Texas license has never been more than to waive the exam and allow you to apply for a license in the states that do reciprocate w/ Texas. 

To be "unhappy" about the arrangement is your choice, or you could have a glass that was 1/2 full rather than 1/2 empty.

Thanks for these 2 very good post. This is how it;s done. New eople please note 16,000 flooded house's and less than 150 adjusters need.

Posted By Roy Estes on 25 Sep 2009 06:57 PM
In Georgia you do not have to have a license if you have a reciprical license. UNLESS you reside in Ga thn you must have a Georgia resident License, to Adjust claims in Georgia.

That would surprise me. I worked CAT for a large carrier in Atlanta this year April, May, June, and the first thing the Team Manager said after "hello" was "can I have a copy of your Georgia Adjuster Lic?"  I have a non-resident Georgia License, and my resident state is California. I have a TX non-resident license, but do not believe that would waive the Georgia requirement.

On a broader topic, I am not personally aware of any state that will waive their own license requirements because you have a reciprocal license in another state (such at TX).  The reciprocity is in terms of not having to take the exam, but I believe you still have to apply for the license in the state where you want to work (if they require an adj lic) and pay the fees. 

If your resident state does not require CE, or an adjuster to be licensed, some states will also require you to comply with their CE requirements to maintain their license. 

I am going to respectfully disagree with those who say that a state license can be required to do NFIP flood adjusting.  This topic came up in 2007 in a Claimsmentor thread. I received a message and I believe later verified it with Fema that the federal law supercedes any state law. He went on to say that any one licensed by FEMA/NFIP to adjust flood only answers to the federal government and that it is illegal for the state to prohibit adjusting without a state license, or to interfere with an NFIP licensed adjuster so long as only NFIP claims are being adjusted. However, if doing any adjusting in addition to NFIP, then of course a state license could be required. Commercial policies where NFIP is the primary carrier then the commercial carrier picks up where NFIP leaves off on a flood claim would require a state license where such a law exists.

I did a quick look and could not find the message but if this does not clear up the question, I will try to take time in the next day or two and find that ruling and post it here.

I agree with what you are saying.
I was not working flood in Georgia, and the vendor I was working with required all adjusters to be licensed (wind & hail claims).

As mentioned on the previous page, someone who bought their flood through the same agent they got their regular homeowner insurance with will often have the same insurance company for flood & homeowners (through the Write Your Own pgm). so the "single adjuster rule" gives both claims to the same adjuster - then the state license is for sure an issue.

Bob H is 100% correct about Georgia licensing!  I am a FL resident agent and adjuster.  I thought if I cannot get a job adjusting I can earn $500 per week selling auto/home insurance.  Or just pay an additional $55 and I get a free adjuster license.  I did not even have to take an exam for my adjsuter license.  That is cause in FL you must pass a 200 hour licensing class to be an agent and then a 3 hour agent licensing exam.  Whereas in FL like GA and other places you only need to pass a 40 hour adjuster training and exam.

Anyway.... so I visit my family and get a chance to do some hail claims in GA.  I think well I got a FL license and FL will reciprocate with GA.  The minimum wage employee  [(EE) for those of you who have ever sold group health insurance] told me I could get my GA emergency license and adjust claims for 60 days. 

So on Friday I get my paper license to adjust claims. However, on Friday I also sent an email to the GA DOI Asst Commissioner asking about getting a temporary license - cause I wanted to work.  Well on Monday I get an email response from Micheal Carr the GA Asst Insurance Commissioner telling me that I could NOT adjust any claims in GA without a non-resident adjuster license!

There is a GA statute on the books that ONLY allows an adjuster to work from the date of a catastrophe up to a maximum of 60 days. After 60 days you must either have a GA non-resident license or quit adjusting claims.  This comes from the Asst Insurance Commissioner of GA.  It is NOT negotiable.

If you are a Public Adjuster are you handling NFIP claims?  In other words if you are an independent adjuster with the required experience and are handling NFIP claims then you are under the autority primarily of the federal government but you also must have a state insurance license.

As a PA you are NOT handling a claim for the NFIP.  You are handling the claim of a GA resident (or whatever state) who is an individual that has an NFIP insurance policy.   Which theoretically could cause you to fall under the laws of the State of GA.

If you are a PA handling the claim of a GA resident and GA regulates PAs in order to protect its citizens then you must be a licensed PA in GA.  The ONLY 100% way to be certain is to pay an attorney and have a written response along with a reciept for your attorney fees that you can use to protect yourself if you are arrested for adjusting claims in GA without being properly licensed.

Anyway...  I definitely am interested in replies.

You have brought up an interesting topic that I have never heard discussed anywhere so I will ask the question here.  Can a PA get an NFIP certification?  Although I have never thought about this before, I am thinking that the qualification rules are that you have to be a licensed adjuster to get the NFIP license, and always thought that the definition means experience working for the carrier, not as a PA.  It sounds like I may be mistaken and that you are saying that a PA can meet the requirements and adjust flood claims for the insured.