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Insurance · Public adjusters

Working with your public adjuster

A public adjuster documents and values a property loss. An attorney deals with the legal questions the claim raises, such as coverage disputes, deadlines and bad faith. Fernald & Zaffos works alongside public adjusters on property and business-interruption claims in California and Nevada, and takes over the dispute if it goes to appraisal or suit.

Leads this practice

Brandon C. Fernald · Founding Partner

Founded the firm in 2009 after seven years at Norton Rose Fulbright. Admitted in California, Nevada, North Carolina and Illinois.

Who does what

If you have hired a public adjuster to help present your property or business-interruption claim, we can work alongside them. Together, that can put you in a stronger position. We can:

  • Review the policy and coverage issues so your adjuster’s claim presentation is built on the right provisions
  • Coordinate with your adjuster on proof of loss, estimates and supporting documentation
  • Advise on policy deadlines, proof-of-loss requirements and the insurer’s obligations
  • Step in when the insurer disputes coverage, delays payment or rejects the adjuster’s valuation
  • Take over the dispute in an appraisal or lawsuit if the claim cannot be resolved

If you have not yet hired a public adjuster, we can talk through whether one makes sense for your loss. Either way, involve counsel before a coverage dispute hardens, especially once the insurer sends a denial or reservation of rights.

Public adjusters in California

California licenses public adjusters through the Department of Insurance, and the Insurance Code sets rules for their contracts and fees (Ins. Code § 15027). An adjuster can present and negotiate the claim. Legal advice about coverage, bad faith and lawsuits comes from a lawyer.

Appraisal

Many property policies let either side demand appraisal when the parties disagree on the amount of a loss. Appraisal decides how much the loss is. It does not decide whether the loss is covered (Kacha v. Allstate Insurance Co. (2006) 140 Cal.App.4th 1023), so a coverage dispute can continue after an appraisal award.

Deadline

Policies and statutes contain deadlines, and some are short

Proof-of-loss deadlines and suit-limitation clauses run regardless of where the adjuster is in the process. Get advice early.

Common questions

Don’t see yours? Call (323) 410-0300.

I already hired a public adjuster. Do I need a lawyer too?

Not always. If the insurer accepts coverage and the only question is the amount, your adjuster may resolve it. Bring in counsel when the insurer disputes coverage, delays payment, sends a reservation of rights or a deadline is near.

What is the difference between a public adjuster and an attorney?

A public adjuster documents and values the loss and negotiates the claim. An attorney gives legal advice on coverage and bad faith and can sue the insurer.

Can an attorney and a public adjuster work on the same claim?

Yes. We coordinate with your adjuster on the proof of loss and documentation and handle the legal side.

What is an insurance appraisal?

A process in many property policies for settling disagreements about the amount of a loss. Each side picks an appraiser, and an umpire resolves differences. Appraisal does not decide coverage.

Should I hire a public adjuster?

It depends on the size and complexity of the loss. We can talk it through with you.

Related

Practice page

Commercial property and lost income after a covered loss.

Practice page

Answering a denial or a low offer before a lawsuit.

Practice page

When an insurer’s handling of a claim crosses the line.

Guide

California’s claim-handling deadlines in order.

The information on this page is general and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

Get your claim reviewed

An attorney will get back to you promptly. Have your policy and any letters from the insurer or broker handy if you have them.

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02

We review your situation

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03

We talk through your options

We explain where you stand and the paths forward, so you can decide what to do next.