Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to federal court, Texas policyholder attorneys simply sue the adjuster (who, like the policyholder, is almost always a Texas resident). This common act of gamesmanship ostensibly destroys the complete diversity of citizenship required for federal court diversity jurisdiction, allowing the policyholder to litigate its hail damage claim in state court.

Definition

An "independent adjuster" is a person who, for compensation as an independent contractor or as an employee of an independent contractor, undertakes on behalf of an insurer to ascertain and determine the amount of any claim, loss, or damage payable under a contract of property, casualty, or workers' compensation insurance or to effect settlement of such claim, loss, or damage. Ala. Code § 27-9A-3.

From the Article Archive 
Title: Cat Adjusting as a Profession (Is It For Me?)
First Posted: Friday, November 26, 2004
Author: Gary White

 

 

My son is now ready to go to college away from home and excluding approximately 21 months in an attempt to try something different in my life as a "financial planner", I have been adjusting, supervising or investigating claims for almost 27 years. By the way, I have worked my share of hail, wind, tornado and hurricane cats for other carriers so I know from whence I speak. Even during the time while I was trying to become a "financial planner", I supplemented my income with adjusting temp jobs and contract adjusting work.

 

 

TO: ALL COMPANIES, CORPORATIONS, EXCHANGES, MUTUALS, RECIPROCALS, ASSOCIATIONS, LLOYDS, OR OTHER INSURERS WRITING PROPERTY AND CASUALTY INSURANCE IN THE STATE OF TEXAS AND TO THEIR REPRESENTATIVES AND AGENTS, AND TO ADJUSTERS, PUBLIC ADJUSTERS, ROOFING CONTRACTORS, AND THE PUBLIC GENERALLY

RE: House Bill 1183

 The Texas Department of Insurance issues this bulletin to remind insurers, insurance adjusters, and public insurance adjusters that the 83rd Texas Legislature (2013), enacted House Bill 1183, effective September 1, 2013, which establishes prohibited conduct of insurance adjusters, public insurance adjusters, and roofing contractors. 

Recent articles published by Bloomberg a copy of which I've posted in the forums completely disparage the work we do. We are seen as mere puppets who foolishly obey our carrier and vendor masters with no forethought or ethics.