Public adjusters, appraisal and examinations under oath

A public adjuster’s role in documenting and negotiating a property claim is different from serving as an appraiser or providing legal representation at an examination under oath.

Check the appraiser’s financial interest

In Parrish v. State Farm Florida Insurance Co., No. SC21-172 (February 9, 2023), the Florida Supreme Court held that a person cannot serve as a disinterested appraiser under the policy language at issue when that person, or a firm in which the person has an interest, is to receive a contingency fee for public adjusting services. Disclosure of that financial interest did not resolve the disqualification. Read the Supreme Court opinion.

Before selecting an appraiser, review the policy’s qualifications, the proposed appraiser’s relationships and compensation, and any objection from the insurer. Do not assume the public adjuster handling your claim can also serve as its disinterested appraiser.

An EUO requires its own review

An examination under oath is a formal request for sworn information during a claim investigation. Whether an insured, public adjuster or another person must participate depends on the policy language and applicable law. It is inaccurate to say that public adjusters are always exempt merely because they did not buy the policy.

Send the request and complete policy to a Florida attorney promptly. A public adjuster can assist with claim records but does not replace legal counsel or create an attorney-client relationship. See our examination-under-oath guide and the Florida Insurance Consumer Advocate’s policyholder guidance.

For the broader process, visit appraisal and mediation.