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Last Post 07/27/2010 6:26 PM by  jtcwik
Alabama Non-Resident Licensure; Office Requirement
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jtcwik
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06/17/2010 12:36 PM
    Good Morning!

    Recently I have encountered some push back from the Alabama DOI that requires an office location for a non-resident adjuster license.  This in and of itself is in direct contradiction with a "non-resident" status.  Also, the statute was written pre-internet in 1971.  It is my belief that the intent of the law was for records access, which at the time and most of us "seasoned" professionals will recall, consisted of paper files.  My firm currently uses an Online Claims Management System that should satisfy the record review intent of the statute.  Needless to say, the Alabama DOI disagreed.
     
    As you all may be aware, government is government.  Meaning, they don't think broadly, but rather very narrowly and do not utilize reason as we do.  This was evidenced by the recent changes in Nevada that forced their DOI to permit non-resident status.
     
    It is my belief that this may be another situation wherein only litigation is going to change the archaic practices of the Alabama DOI.
     
    If you have been denied a non-resident license or were forced to incur additional expenses to satisfy the requirement, please reach out to me.  I am going to seek out legal counsel and if we go in as a class versus me as an individual, we may get their attention.  
     

    Thank you for allowing us the opportunity to be of service, as always, it is our pleasure.

    Should you have any comments or questions subsequent to your receipt and review of this e-mail transmission and/or its attachment if applicable, please do not hesitate to contact this author directly at the below styled.
     

    Best wishes,
     
    John T. Cwik
    President/CEO
    The CopperState Companies
     
    Toll-Free Voice:              (877) 805-7100, ext. 500
    Toll-Free FAX:                (877) 805-7171
    eMail:                             jcwik@copperst8.com


    Old School Precision ~ Affordable Excellence!
     
    Mailing Address:
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    PO Box 43653
    Tucson, AZ 85733-3653
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    CONFIDENTIALITY NOTICE - this electronic transmission and the information that it contains may be confidential, legally privileged and protected by law.  Access by the intended recipient only is authorized.  Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting, on any information contained in this e-mail is hereby excluded.  If you are not the intended recipient, please notify the sender immediately and do not disclose the contents to any other person, use it for any purpose, or store or copy the information in any medium.  Copyright in this e-mail and attachments created by us belongs to The CopperState Companies: the author also asserts the right to be identified as such and object to any misuse.








     
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    deannaboras
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    06/24/2010 1:53 PM
    I am interested in getting the Alabama non resident license but have put it off because of the requirements of having an office in the region.
     
    Thanks
     
    Deanna Boras, AIC
    503 27 06767
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    jtcwik
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    07/27/2010 6:26 PM
    UPDATE: SUCCESS!

    I was able to convince the DOI management and their in-house legal counsel of three things:

    1. The law is outdated and requires updating to take into account technology (CMS).
    2. The law pertains to resident adjusters only
    3. Their interpretation was too strict in requiring residency for a non-resident license to be issued
    4. Recent case law out of Nevada with a very similar set of circumstances ruled this same practice federally unconstitutional.

    If anybody needs a copy of the law to present, and who to contact, drop me an eMail through the system.

    Thank you for allowing us the opportunity to be of service, as always, it is our pleasure.

    Should you have any comments or questions subsequent to your receipt and review of this e-mail transmission and/or its attachment if applicable, please do not hesitate to contact this author directly at the below styled.


    Best wishes,

    John T. Cwik
    President/CEO
    The CopperState Companies

    Toll-Free Voice: (877) 805-7100, ext. 500
    Toll-Free FAX: (877) 805-7171
    eMail: jcwik@copperst8.com


    Old School Precision ~ Affordable Excellence!

    Mailing Address:
    The CopperState Companies
    PO Box 43653
    Tucson, AZ 85733-3653
    www.copperst8.com


    CONFIDENTIALITY NOTICE - this electronic transmission and the information that it contains may be confidential, legally privileged and protected by law. Access by the intended recipient only is authorized. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting, on any information contained in this e-mail is hereby excluded. If you are not the intended recipient, please notify the sender immediately and do not disclose the contents to any other person, use it for any purpose, or store or copy the information in any medium. Copyright in this e-mail and attachments created by us belongs to The CopperState Companies: the author also asserts the right to be identified as such and object to any misuse.
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