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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I am dealing with adjuster on large property claim (about

Customer Question

I am dealing with adjuster on large property claim (about 400k). The adjuster is trying to intimidate me in regars to my claim. He even put some really inappropriate comments in writing in his emails. Can I request the insurance company to change an adjuster.
Are there any insurance regulations regarding this. If the insurance does not substitute the adjuster -- can I file a compliant and if yes with whom?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Yes you can request that the carrier assign a new adjuster (if you provide them with copies of the inappropriate correspondence it is likely that they will do so).

If you cannot get a satisfactory resolution, you can file a complaint with the State, here: http://www.dfs.ny.gov/consumer/fileacomplaint.htm

Expert:  CalAttorney2 replied 1 year ago.

Do make sure to use confirmation letters: Confirmation letters: Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.

Customer: replied 1 year ago.
any regulations you can send me regarding changing an adjuster -- I would like to have a goo leg to stand on before I start making waves with the insurance company -- as if they do not change the adjuster - it will hurt my recovery as now I have to deal with an adjuster who realy will dig his heals on my claim.
Expert:  CalAttorney2 replied 1 year ago.

There isn't a regulation which requires an adjustor to act in a professional or courteous manner.

The case law deals with insurance carriers that fail to make a proper payment on a claim (called a "bad faith claim") but you have not yet had a determination by the carrier yet, so that does not apply (yet - the correspondence, etc. could always be brought up in a later suit).

Really, all you need is to bring together the correspondence showing that the individual is acting unprofessionally, send it to the carrier (find a VP level manager, or someone of comparable responsibility), and show them this documentation and ask for a new adjuster to be assigned to your case. There is no need to cite a particular law or rule.

Customer: replied 1 year ago.
are you personaly familiar with situation when the adjuster was changed? and if yes can you describe circumstances when it happened?thanks
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Please keep in mind, this is a personnel / customer service matter for your insurance carrier, it is not a case law issue. The individual insurance carrier is going to be the one that sets policies for their own adjusters / employees.

I do not have examples for you, but if you have problems, contact the carrier and ask for assistance. Simply suffering with a bad adjuster is not going to help you reach a positive resolution.