Tag: Regulations

All’s Fair in Business and Collections

When service professionals complete their work but payment is delayed or withheld, fairness and financial stability are jeopardized. Public adjusters, like many licensed professionals, face unique restrictions that often prevent adding collection fees to unpaid accounts — yet they still must recover what is owed without violating regulatory boundaries.

To prevent disputes, contracts should clearly define when payment is due, how it may be processed, and what remedies exist for nonpayment. Keeping detailed records of all communications and transactions strengthens the ability to prove entitlement if funds are misdirected or delayed.

If recovery becomes necessary, professionals should pursue lawful options such as written demand notices, small claims actions, or using licensed collection agencies where permitted. Strengthening future relationships through transparent agreements, direct payment methods, and compliance reviews helps avoid similar issues.

Ultimately, ensuring fair payment practices is both a matter of legal compliance and professional integrity — protecting the value of services rendered and the trust between all parties involved.

Read More »

Contractors in Ohio: The Wisconsin Warning You Can’t Ignore

Wisconsin’s recent enforcement action against a contractor for violating Wis. Stat. § 629.10(3) highlights growing regulatory scrutiny over contractors who engage in the Unauthorized Practice of Public Adjusting (UPPA). The contractor was fined for combining repair services with “claim assistance,” a violation of consumer protection laws.

For contractors in Ohio, this serves as a critical warning. The same activities—negotiating insurance settlements, interpreting policy coverage, or marketing claim management services—can expose businesses to significant penalties under Ohio law. The issue is further complicated by the Cinnamon Ridge v. State Farm decision, which adopted the “line of sight” rule for determining material replacement boundaries. That ruling expands repair obligations but also increases the temptation for contractors to discuss claim scope or coverage—conversations reserved for licensed public adjusters.

To remain compliant, contractors should focus strictly on construction and restoration activities, ensure their contracts exclude claim negotiation, train staff to recognize legal boundaries, and refer insurance-related matters to licensed public adjusters. Collaboration and education within the industry are essential to prevent future enforcement actions and to protect both consumers and legitimate contractors from costly missteps.

Read More »

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.

Read More »

Part III: Building a Sustainable Future for Public Adjusters Amid Regulatory Reform

As the insurance industry adapts to the 2024 NCOIL Public Adjuster Professional Standards Reform Model Act, public adjusters are being called to modernize their practices. Part III of this series explores proactive compliance strategies, transparent fee structures, and ethical referral relationships that can help public adjusters thrive in a more regulated environment. Rather than resisting reform, the article encourages adjusters to lead with professionalism, clarity, and strategic foresight.

Read More »

Part II: Navigating the Grey Areas — What Public Adjusters Need to Know About Fee Caps, Solicitations, and Legislative Ambiguity

The regulatory environment for public adjusters is rapidly evolving. Part II of our series explores the growing confusion caused by vague legislative language and new fee caps inspired by the 2024 NCOIL Public Adjuster Professional Standards Reform Model Act. As states reinterpret key terms like “solicitation” and “advertising,” public adjusters must adapt—balancing compliance, profitability, and ethical advocacy. Learn how to navigate these grey areas and strengthen your practice through clear onboarding, sound documentation, and strategic business adjustments.

Read More »

The Changing Landscape: NCOIL’s 2024 Public Adjuster Model & Emerging Fee Cap Pressures

As states begin adopting the 2024 NCOIL Public Adjuster Model Act, fee caps and new compliance burdens are reshaping how public adjusters serve policyholders. This article explores the growing trend of legislative restrictions, including the impact of 15% fee limits, and how they’re affecting access to representation, especially for small claims. It also highlights the unintended consequences of reform and sets the stage for adaptation strategies in Part II of the series.

Read More »
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.