Know the Law when Hiring a Public Adjuster
In 2016 Oklahoma passed a bill that outlined requirements for public adjusters in the state to protect both the consumer and the public adjuster. When choosing a public adjuster, you should know the state requirements.
The following are a few of the lesser-known rules that you should be aware of to ensure you are hiring a reputable public adjuster following the state's laws.
“A public adjuster is obligated under his or her license to serve with objectivity and complete loyalty to the interest of his or her client alone, and to render to the insured, such information, counsel and service as within the knowledge, understanding, and opinion in good faith of the licensee will best serve the insured’s insurance claim needs and interest.”
This means that the public adjuster should not require you to hire any one contractor or be the contractor. The public adjuster should advocate for the insured, not for a construction or roofing company handling the claim. The public adjuster should also not represent the insurance company on the claim.
“A public adjuster shall not solicit or attempt to solicit an insured during the progress of a loss-producing occurrence.”
This is tricky because restoration companies can be out when a loss is ongoing. Either way, if a public adjuster solicits while the loss is still occurring, they are not following the law, and you should look for a different public adjuster to handle your claim.
“A public adjuster shall not acquire any interest in the salvage of property subject to the contract with the insured unless the public adjuster obtains written permission from the insured after settlement of the claim with the insurer.”
If the public adjuster is trying to keep your damaged items or works with a restoration company trying to keep the items without your approval, this is against the law.
“A public adjuster shall not enter into a contract or accept a power of attorney that vests in the public adjuster the effective authority to choose the persons who shall perform repair work.”
This is an important one. Never sign an “Assignment of Benefits” (AOB) with the public adjuster or a contractor, as it takes away your rights to your claim and gives it to the person to whom you assigned the benefits.
“A public adjuster may not agree to any loss settlement without the insured’s knowledge and consent.”
This should be clearly stated in the contract.
“On a percentage fee contract, a public adjuster may not require, demand, or accept any fee, retainer, compensation, deposit, or another thing of value before payment of any claim proceeds, whether such payment is partial in nature or payment in full.”
A public adjuster should never ask for upfront money for their services.
I was fortunate to be involved in the process of this statute being written into law. Because of that, I am intimately aware of the rules. At Brown O’Haver, our contract reflects the law, and our claims handling follows the guidelines.
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