CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...rcent cap because the company was no longer acting as the homeowners' public adjuster when the lawsuits were filed. We disagree. The legislature has defined a "public adjuster" as: any person, except a duly licensed attorney at law as exempted under s. 626.860, who, for money, commission, or any other thing of value, prepares, completes, or files an insurance claim form for an insured or third-party claimant or who, for money, commission, or any other thing of value, acts on behalf of, or aids a...
...Was Gables Recovery a duly licensed attorney? Section
626.854(1) excepts attorneys from the definition of public "adjuster" - and from the requirements of section
626.854, including the twenty percent cap - if the attorney is "a duly licensed attorney at law as exempted under section
626.860." §
626.854(1), Fla. Stat. Section
626.860 explains that "[a]ttorneys at law duly licensed to practice law in the courts of this state, and in good standing with The Florida Bar, shall not be required to be licensed under the provisions of this code to authorize them to adjust or participate in the adjustment of any claim, loss, or damage arising under policies or contracts of insurance." Id. §
626.860....
...never be paid, and if paid (at some uncertain future point) will be subject to contractual restrictions consistent with the statute. The majority also has disregarded the express exemption from the statute applicable to Florida-licensed attorneys ( section 626.860, Florida Statutes (2014) ); the majority assumes that any future compensation paid to the attorney of record for Mrs....
...tection of the public to regulate public insurance adjusters and to prevent the unauthorized practice of law." Subsection (1) of the statute defines a "public adjuster" 10 as: *632 any person, except a duly licensed attorney at law as exempted under s. 626.860 , who, for money, commission, or any other thing of value, prepares, completes, or files an insurance claim form for an insured or third-party claimant or who, for money, commission, or any other thing of value, acts on behalf of, or aids...
...ohibited by section
626.854. Indeed, any legal services provided by Gables Recovery's staff attorneys licensed by The Florida Bar and in good standing are expressly exempted from the provisions of section
626.854 by virtue of sections
626.854(1) and
626.860....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...rcent cap because the company was no longer acting as the homeowners' public adjuster when the lawsuits were filed. We disagree. The legislature has defined a "public adjuster" as: any person, except a duly licensed attorney at law as exempted under s. 626.860, who, for money, commission, or any other thing of value, prepares, completes, or files an insurance claim form for an insured or third-party claimant or who, for money, commission, or any other thing of value, acts on behalf of, or aids a...
...Was Gables Recovery a duly licensed attorney? Section
626.854(1) excepts attorneys from the definition of public "adjuster" - and from the requirements of section
626.854, including the twenty percent cap - if the attorney is "a duly licensed attorney at law as exempted under section
626.860." §
626.854(1), Fla. Stat. Section
626.860 explains that "[a]ttorneys at law duly licensed to practice law in the courts of this state, and in good standing with The Florida Bar, shall not be required to be licensed under the provisions of this code to authorize them to adjust or participate in the adjustment of any claim, loss, or damage arising under policies or contracts of insurance." Id. §
626.860....
...never be paid, and if paid (at some uncertain future point) will be subject to contractual restrictions consistent with the statute. The majority also has disregarded the express exemption from the statute applicable to Florida-licensed attorneys ( section 626.860, Florida Statutes (2014) ); the majority assumes that any future compensation paid to the attorney of record for Mrs....
...tection of the public to regulate public insurance adjusters and to prevent the unauthorized practice of law." Subsection (1) of the statute defines a "public adjuster" 10 as: *632 any person, except a duly licensed attorney at law as exempted under s. 626.860 , who, for money, commission, or any other thing of value, prepares, completes, or files an insurance claim form for an insured or third-party claimant or who, for money, commission, or any other thing of value, acts on behalf of, or aids...
...ohibited by section
626.854. Indeed, any legal services provided by Gables Recovery's staff attorneys licensed by The Florida Bar and in good standing are expressly exempted from the provisions of section
626.854 by virtue of sections
626.854(1) and
626.860....