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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116175
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Oklahoma-Public Adjuster. Hired by an Insured to assist with

Customer Question

Oklahoma-Public Adjuster. Hired by an Insured to assist with a total loss fire claim. Insured signs an authorization which includes payments to include the Public Adjuster. All dwelling payments and personal property payments included the Public Adjuster. At the conclusion of the claim(1 year or so) the final payment for the additional living expenses (18,000 plus) was issued without the public adjuster on the check. Unable to collect amount owed from the insured at this point. My questions--is their any recourse for the public adjuster against the insurance carrier?
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
The recourse of the public adjuster is to file a breach of contact suit against the insured, since it was the insured's responsibility and contract with you to pay you and not the insurance company's contract with you. As the insured was liable to pay you, you can sue for breach of contract and you can do so in small claims court more likely than not.

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Customer: replied 5 years ago.
Golub & Associates vs State Farm
Expert:  Law Educator, Esq. replied 5 years ago.
Which is an IL case which grants adjusters in IL the right to place a lien on the home, which is the liability of the insured to pay.