Insurance coverage firm lawyer Karl Schulz wrote a wonderful and fast learn, What Public Insurance coverage Adjusters Can and Can’t Do Beneath Texas Regulation, 1 about fundamental public adjuster guidelines and rules that apply to Texas public adjusters. My suggestion is that every one Texas public adjusters take a couple of minutes to refresh their information of the foundations by studying Schulz’s article.
His paper begins with some fundamental factors. Being so fundamental, some readers might wrongly conclude how a lot affect “sponsorship” regulation corporations have with NAPIA. It’s nearly just like the paper is attempting to be silent about what “sponsorship” means. After all, being very skeptical of my opponents representing insurers, it could possibly be to arrange future arguments for Cozen O’Connor and different protection corporations to make use of for his or her insurer purchasers, suggesting that attorneys are working NAPIA or the regional Texas Affiliation of Public Insurance coverage Adjusters. For protection attorneys and others studying the article, I’d counsel that the military of insurance coverage protection attorneys flooding the PLRB conferences doesn’t imply that the insurance coverage protection bar is working or paying for the PLRB—or are you now doing so?
A public adjuster represents an insured in reference to insurance coverage claims, typically on a contingency payment foundation in an company relationship. In response to the Nationwide Affiliation of Public Insurance coverage Adjusters (‘NAPIA’), ‘a public adjuster inspects the loss web site instantly, analyzes the damages, assembles declare assist information, opinions the insured’s protection, determines present alternative prices and completely serves the consumer, not the insurance coverage firm.’ Public adjusters normally pitch their providers as a technique to degree the enjoying area in a ‘David versus Goliath’ battle towards unfair, dishonest insurance coverage corporations. NAPIA is sponsored by well-known policyholder regulation corporations, who make the identical pitch. As mentioned herein, there may be typically interaction between public adjusters and policyholder attorneys, and the Texas Legislature has lately elevated regulation of each.
Public adjusters ought to fastidiously learn the “do nots” of this paper. No one enjoys being informed what they can not do. Individuals, by our very nature, have a tendency to withstand any governmental restrictions. But, Schulz factors out intimately the regulation on many factors that everyone having a public adjuster license should comply with to abide by the license necessities.
Once more, that is an easy-to-read paper from Steve Badger’s associate. The truth that an insurance coverage firm lawyer could write it doesn’t imply it’s not worthwhile for practising Texas public adjusters to contemplate.
An Afternoon Thought
Theodore Roosevelt: “No man is above the regulation and no man under it; nor can we ask any man’s permission after we require him to obey it.”
1 Karl A. Schulz, What Public Insurance coverage Adjusters Can and Can’t Do Beneath Texas Regulation, Journal of Client and Industrial Regulation (Fall 2020).