An Unprecedented Transfer: The Insurance coverage Trade Speaks Positively About Public Insurance coverage Adjusters | Property Insurance coverage Protection Legislation Weblog


Mark in your calendar: October 24, 2023, at 2:45 pm CST. That is when the three insurance coverage firm commerce organizations mentioned one thing favorable about public insurance coverage adjusters in an Amicus Temporary1 filed by Steve Badger on behalf of the American Property Casualty Insurance coverage Affiliation, Nationwide Affiliation of Mutual Insurance coverage Corporations, and Insurance coverage Council of Texas. 

The amicus transient said partly: 

A public insurance coverage adjuster is a legally acknowledged advocate for the policyholder. Texas insurance coverage corporations often work cooperatively with public insurance coverage adjusters to carry an amicable and immediate decision to claims. At occasions there are disagreements between insurance coverage corporations and public insurance coverage adjusters as to the precise scope of injury and value to restore. However as licensed and controlled professionals, most Texas public insurance coverage adjusters acknowledge and respect their fiduciary position in having the ability to act as a ‘declare advocate’ for Texas policyholders. They typically behave professionally and responsibly within the insurance coverage claims course of.

Amicus Curiae Texas Affiliation of Public Insurance coverage Adjusters (‘TAPIA’) supplies an in depth historical past of how Texas public insurance coverage adjusters turned acknowledged declare advocates topic to regulation and licensing. Most vital to this historical past is the truth that previous to the 2003 enactment of the general public adjuster licensing statute set forth at Chapter 4102 of the Texas Insurance coverage Code, public adjusting was thought of to be the unauthorized observe of legislation… Previous to 2003, people appearing at the moment as unregulated public insurance coverage adjusters confronted administrative motion for partaking within the unauthorized observe of legislation.

For the reason that enactment of Chapter 4102 in 2003, public insurance coverage adjusters have loved a slender carve-out from the laws regarding the unauthorized observe of legislation. This carve-out has allowed licensed public insurance coverage adjusters to characterize Texas policyholders within the insurance coverage claims course of, conduct that in any other case can be thought of the observe of legislation. With out the enactment of Chapter 4102, any public insurance coverage adjuster representing policyholders within the Texas insurance coverage claims course of can be engaged in what has been discovered to represent the unauthorized observe of legislation.

This reality is vitally vital in contemplating the impact of the Court docket’s resolution on this matter.

A footnote to the transient supplied the next info:

There at the moment are 46 states that regulate public insurance coverage adjusters. Texas was an early state to acknowledge issues about public insurance coverage adjusters partaking within the unauthorized observe of legislation, whereas acknowledging the necessity for licensed professionals to help insureds within the negotiation and adjusting of property injury claims. Public insurance coverage adjuster licensing strikes that stability. A latest article demonstrates the necessity for such a licensure and regulation. See Extra States Adopting Skilled Requirements for Public Adjusters, Claims Journal, (Might 15, 2023)…

The problems have been mentioned in Replace on the Texas Contractor vs. Unauthorized Apply of Public Adjusting Case, the place I said:

TDI and all departments of insurance coverage have an obligation to guard policyholders and the general public. The interpretation of insurance coverage coverage phrases, advantages which are accessible, and numerous authorized obligations of policyholders are advanced and vital. Lots of these points don’t have anything to do with the price of fixing a roof. Having credentialed people who’re specialists in these areas is definitely the enterprise of regulatory our bodies, and it’s within the public’s curiosity to forestall these with out these credentials from doubtlessly harming the general public.

Public adjusting and insurance coverage restoration development are each essential to the general public. The interaction between the 2 and the position of the regulator is what this case is about.

The transient is an unprecedented transfer by the insurance coverage business. I’m sure that this assertion will take many unexpectedly—particularly these within the realm of public insurance coverage adjusters. For the sake of equity and stability, it’s vital to acknowledge and commend the insurance coverage business for this uncommon gesture.

Why is that this so vital? Merely put, it’s onerous to recall a time when the insurance coverage business has overtly expressed something constructive concerning the position of public insurance coverage adjusters. This makes the assertion not simply shocking however a watershed second value noting.

Thought For The Day

Equity shouldn’t be an angle. It’s an expert talent that should be developed and exercised.

—Brit Hume

1 Tex. Dept. of Ins. V. Stonewater Roofing, No. 07-21-00016-CV (Tex. [amicus brief filed Oct. 24, 2023]).


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