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Last Post 11/16/2006 3:03 PM by Ray Hall

Public Adjusters Practicing Law?

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katadj6
Life Member
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Posts:23

11/10/2006 11:03 AM
> 22nd JDC Issues Preliminary Injunction in Favor of LSBA >in Carr Lawsuit > As part of its commitment to protecting the public, the >Louisiana State Bar Association filed suit against Carr and Associates, >Inc. and Earl T. Carr, Jr., on Sept. 5, seeking to restrain practices that >it claimed constituted the unauthorized practice of law and violated the >public adjuster statute. The LSBA suit alleged that Carr and Associates, >under the guise of operating as public adjusters, repeatedly advised >members of the public regarding legal issues, including questions of >insurance coverage, possible causes of action, and rights protected by law. >Moreover, the suit alleged that Carr and Associates regularly charged >contingency fees for its services. After a trial, the court issued a >preliminary injunction as prayed for in the petition, restraining Carr and >Associates’ activities in all the categories alleged, with the exception of >those related to the National Flood Insurance Act. > To review the filed petition, go to: >http://www.lsba.org/home1/Petitionf...nction.pdf > To review the judgment and reasons for judgment, go to: >http://www.lsba.org/home1/Judgement...103106.pdf

Gale Hawkins
PowerClaim.com
Member

Member
Posts:386

11/11/2006 10:45 AM
Is this not the MO of public adjusters? I thought PA’s were the legal representative of their clients as if they were the homeowner. As the home owner I can not represent myself?

Catmandale
Guest

Guest
Posts:39

11/15/2006 7:54 PM
This was a nice little read. In the spirit of Paul Harvey and "the rest of the story"...it seems that at least a part of this struggle lies between the State of Louisiana and the Feds. Another portion may be the feeling by the Bar that they are being left out in the cold. I don't think it is as simple as the continuing animus between adjusters and PA's.

MDC

Guest
Posts:16

11/15/2006 8:27 PM
I would like to say in a perfect world you do not need public adjusters. The policy provides an additional option in settling disputed claims "Appraisal". If the 2 named appraisers cannot agree then the umpire rules on the appraisers differences, and it is done. It will be interesting how this ruling plays out in the northeast, due to the public adjuster contract specifically states that the advise and assist the homeowner in their claim with the insurance carrier. The "advise and assist" interpretation is going to be interesting. Time will tell

Ray Hall

Senior Member
Posts:2443

11/16/2006 3:03 PM
Homeowners do not need a public adjuster in many cases as the insurance company adjuster will bring in restoration contractors in some regular claims. The contractor will act as the policyholders advocate and milk the loss like a Holstein Cow. In Commercial Losses the PA will assist in co-insurance , ACV, RCV and pro rata issues and seems to come out on top, in many cases.

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