The Windstorm (Conference) has passed and FAPIA’s winter conference is complete. I attended both and spoke to many enthusiastic policyholder advocates.
A common theme – contractors presenting claims to insurance companies. There has been much talk for several years about Public Adjusters engaging in the Unlicensed Practice of Law (UPL) by preparing and submitting Civil Remedy Notices on behalf of their clients. I am told carriers are beginning to report PA’s to the Florida Bar.
So what about contractors posing as PA’s? Are we seeing the advent of “ULPPA” – the Unlicensed Practice of Public Adjusting??? Sure looks that way. Public Adjusting requires a specific license. As far as this author knows there is no statutory exemption for persons holding a contractor’s license in the state.
What does the future hold? Will PA’s begin reporting contractors to the state? Will contractors begin sitting for the PA licensing exams? With today’s economic crunch putting the squeeze on the construction trades, one thing is sure – contractors will continue looking for new markets – and the Contractor/PA combo may well be an attractive marketing mechanism to homeowners.
All of which begs the next question… and how will these Contractor/PA’s be compensated on claims where they are both?
Kelly Gray, Esq.
Gunn Law Goup
Good post. Another problem this causes involves the delay rule prohibiting PA's from soliciting in the critical 48 hours after a storm. Yet contractors will be knocking on doors. There needs to be some equity. If the Florida state regulators do not watch out, many PA's will simply let their license lapse and just become contractors leaving the ethical practice of adjusting a big mess.
Posted by: Frustrated PA | February 05, 2009 at 03:05 PM