Category: Claims

Proposed Pennsylvania Legislation Threatens Homeowner Recovery Rights

Pennsylvania’s proposed House Bill 1972 and its companion Senate Bill could drastically limit the ability of public adjusters to help homeowners and small business owners recover after property losses.

The bills would cap public adjusting fees at 15% on all claims and just 10% on catastrophe claims, impose a 15-business-day right of rescission, and ban adjusters from owning or receiving payment from construction or restoration companies. They also double bonding requirements and forbid any financial relationships or referrals between contractors and adjusters.

Supporters state the bills protect consumers, but in practice they would force many small adjusting firms out of business, leaving some policyholders without independent representation during the claims process. Without public adjusters, many insureds would face underpayment or delays, with little recourse other than costly litigation.

The legislation could represent a significant shift of power toward insurance companies, undermining consumer rights and professional advocacy in claim recovery. Public adjusters, homeowners, and small business owners are encouraged to contact their legislators and oppose these bills to preserve access to fair claim representation in Pennsylvania.

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Balancing fair practices when handling insurance claims

When “Too Late” Isn’t Fair: Allstate’s Holdback Refusals and Ohio’s 60-Day Notice Rule

Allstate and other insurers are increasingly denying replacement cost benefits by citing a 180-day deadline found in their “How We Pay for a Loss” and “Building Structure Reimbursement” provisions. Policyholders who complete repairs and request payment afterward are sometimes told their claim is “untimely” — even when no prior warning was given. Under Ohio Administrative Code 3901-1-54(G)(5), insurers must provide written notice at least 60 days before any contractual limitation expires if the claimant is not represented by counsel. Failure to do so can invalidate the carrier’s reliance on the 180-day rule. This article explains the legal duty to notify, outlines defenses against untimely denial, and offers best practices for public adjusters and policyholders to protect recovery rights when carriers fail to communicate looming deadlines.

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When One Storm Becomes Three Claims: Understanding Causation and Policyholder Remedies

When a single event, such as a lightning strike, causes multiple types of damage, some adjusters may insist the policyholder file separate claims for each resulting loss. In most cases, however, these damages should be treated as one claim arising from a single occurrence. This article explains how improper “claim splitting” can cost policyholders multiple deductibles, delay payment, and distort their claim history. It also outlines steps Ohio policyholders can take to challenge such determinations, including filing a complaint with the Ohio Department of Insurance under Administrative Code 3901-1-54, engaging a licensed public adjuster, and preserving their rights under bad faith protections.

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hail spatter

Does Spatter Matter? The Debate Over Hail Verification and Aluminum Siding

When hail hits, everyone starts looking for proof — and “hail spatter” often becomes the focus of debate. Does the presence or absence of spatter really determine whether damage is recent or covered? This article explores both sides of the argument, from the contractor’s field perspective to the attorney’s view of the carrier’s duty to investigate. Ultimately, while spatter can help tell the story of a storm, it’s only one clue in a much larger picture.

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Intellect vs. Experience in Public Adjusting: What Truly Drives Excellence?

Credentialing and continuing education provide public adjusters with up-to-date knowledge of policy interpretation, estimating standards, and regulatory compliance, enhancing their professionalism and credibility. However, real-world field experience offers irreplaceable insights into property damage, repair sequencing, and client communication. Rather than competing, these skill sets should complement each other. A balanced approach—where public adjusters pursue both formal training and hands-on work—leads to the most effective, productive, and accountable claims professionals.

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Mileage odometer

Trip Charges for Property Inspections: Are They Appropriate in Insurance Claims?

Trip charges are a legitimate and often necessary part of managing insurance property inspections—especially when travel exceeds a standard radius, such as 30 miles roundtrip. These charges help compensate for the time, fuel, and operational costs involved in site visits. Best practices include disclosing trip charges up front, using standard mileage rates or flat fees, and including them clearly in service agreements or invoices. While not always reimbursed by insurance carriers, travel-related costs can often be submitted as claim-related expenses when tied to inspection or documentation efforts. Setting expectations early protects professionals and supports smoother claim resolution.

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Commercial Property Inspection

How Matching Law Is Shaping the Future of Insurance Appraisals

Contractors frequently refer clients to appraisal in hopes of resolving stalled insurance claims—but confusion still reigns over what the appraisal process can (and can’t) do. With new case law like Cinnamon Ridge v. State Farm reshaping expectations, it’s more important than ever for professionals to understand the evolving rules, risks, and responsibilities when negotiating claim values or recommending next steps. This article explores what appraisers need to know—and how to guide clients with clarity.

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Zero Trust

No Heads-Up, No Thanks: Why Referral Partners Deserve Better

Public adjusters and attorneys often collaborate closely on insurance property damage claims, creating valuable referral partnerships. But when a law firm resolves a case without notifying the referring adjuster—or disburses funds without honoring the PA contract—it risks more than just professional trust. This article explores why clear communication and proper settlement coordination are essential to protecting both the client and the professionals supporting them.

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Woman reviewing invoice documents

Can Public Adjusters Be Paid From Bad Faith Damages?

When a policyholder’s insurance claim turns into a legal battle, it may result in damages far beyond the original policy limits—especially in cases of bad faith. But can a public adjuster be paid from those extra-contractual awards? The short answer: no. Public adjusters must operate strictly within the bounds of their licensure, and billing for any portion of legal settlements or court-awarded damages could cross ethical and legal lines. This article explores where the boundary lies—and how to stay on the right side of it.

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Satellite office in KY

Green Public

Insurance Adjusting

Is now in Kentucky serving clients affected by the tornados. Stop by our satellite location at 3205 US Highway 641 N in Benton, KY. We’re just down the road from the Kentucky Opry.