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Wednesday, December 7, 2022

Recommendation for Non-resident Public Adjusters and Restoration Contractors Doing Work In Florida | Property Insurance Protection Legislation Weblog

Note: This visitor weblog submit is by Holly Soffer, Esq., a policyholder legal professional and General Counsel to the American Association of Public Insurance Adjusters.

Unfortunately, as I write this, the Tampa Bay space appears to be immediately on the trail of Hurricane Ian. I’ve acquired a couple of texts at this time from buddies and colleagues who’ve been requested to evacuate. I begin by saying that my ideas are with everybody affected by the storm.

If you might be an out-of-state public adjuster and wish to head to Florida, please know that, not like Puerto Rico, Florida doesn’t provide emergency licensing to public adjusters, solely firm adjusters. You should move the licensing examination in Florida to regulate claims, whether or not or not you might be affiliated with a Florida agency. You should additionally maintain a license to solicit claims in Florida. And Florida has additionally not too long ago required a license in your firm, even in case you are appointed until your organization is owned and operated by you as a single licensed adjuster and you don’t make use of every other public adjusters. If you don’t have your organization license but, ensure that your contract and all work carried out is in your particular person title till licensed. A violation of the licensing legislation is a felony of the third diploma with a high-quality of as much as $10,000.00

Just FYI:

  • Florida has many contract guidelines, which modified barely in 2022, as they do yearly, and now Florida requires an Ale Addendum for residential claims.
  • Statute of limitations guidelines have modified for a brand new or “reopened declare”—the restrict is now two years.
  • You can’t provide to pay for a roof restore or every other kind of inducement to enter into the contract.
  • Remember, there are various promoting guidelines and charge caps on residential claims, together with a charge cap of 10% on catastrophic losses.
  • Fines for sure violations are doubled to $20,000 throughout a state of emergency.

Another method to make sure you have the newest data is to be part of FAPIA, whether or not you’re a resident or non-resident public adjuster.

And in case you are not a licensed public adjuster and attempt to alter a declare, you can be penalized and have potential felony legal responsibility.

Roofers, as an example, have guidelines on commercials, can’t provide a rebate or an inducement to examine the roof or deal with the repairs and should present an estimate for work contemplated. There are additionally required phrases within the roofing contract and task of profit agreements.

Know the foundations earlier than you act:

Knowledge is the treasure of a smart man.
—Anonymous

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