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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112775
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We are having difficulty removing a Public Adjuster as a payee

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We are having difficulty removing a Public Adjuster as a payee with the Insurance company. The PA was fired for cause and all parties were notified in writing. The PA has been paid in full for services rendered to date. The insurance company states our signed agreement with PA binds the insurance company to list PA as the payee unless a court document or signed release is presented. I am truly shocked that a bad situation worsened by a deceitful public adjuster firm coupled with a devastated home owner just got worse.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under NY Insurance Code 2103, insurance adjusters must be licensed by the insurance commissioner and any complaints about adjusters go through them.

Also, you need to look at your contract with the adjuster to determine the procedure in the contract for termination of the contract for breach of contract and you must follow that contract to terminate this contractor based on their breach of contract with you (which is what you have terminated him for).

If you look at the contract and make sure you have followed the breach termination provisions and the adjuster will not agree to sign the release, your recourse is you have to file suit in court against the adjuster to obtain a court order removing him as a payee and terminating the contract.

All of these claims are governed first by the terms written in your contract, so that is where you need to start.




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