• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Johnson Strategies

Planning, Communications, Advocacy

  • Home
  • The JS Story
  • About JS
    • Mission
    • About Scott
    • Writing
  • Videos
  • Library
    • AOB prior to reforms effective July 1, 2019
    • AOB on and after reforms effective July 1, 2019
    • Citizens
    • Legislative Glossary
    • Government Studies and Reports
    • Miscellaneous Documents
    • Presentations and Powerpoints
  • Links
    • Government
    • Other Helpful Sites
  • Contact
You are here: Home / Citizens / CITIZENS PA’s…Good for the Goose, Great for the Gander!

CITIZENS PA’s…Good for the Goose, Great for the Gander!

March 27, 2012 - Opinions by Scott Johnson Leave a Comment

Did you know that SB-408, which passed during the 2011 session, provided assistance to Citizens policyholders, those with claims, by reducing the amount they would have to pay a public adjuster (PA)? It does this by limiting the fee to 10% of the difference between what Citizens originally offered and what the PA’s intervention might have actually helped the claimant receive.

Specifically:

FS 627.351(6)(a)6–For any claim filed under any policy of the corporation, a public adjuster may not charge, agree to, or accept any compensation, payment, commission, fee, or other thing of value greater than 10 percent of the additional amount actually paid over the amount that was originally offered by the corporation for any one claim.

Should be no surprise to hear this change is frowned upon by some in the PA community. I’m also told there’s a madcap search for ways to get around it.

Pat Cucarro, president of the Florida Association of Public Insurance Adjusters (FAPIA) said, it “discriminates against Citizens 1.5 million policyholders” because it prevents policyholders “… from being allowed to pay for professional claims assistance on the  initial part of their claim–when they need help most.”

While it’s true some PA’s may decline to represent a Citizens claimant on “…the initial part of their claim…” (Translated; before problems would’ve even surfaced), it’s also true that PA’s aren’t barred from such representation and that “professional claims assistance” is still readily available from other sources, including: licensed agents, qualified attorneys, the Insurance Consumer Advocate, state mandated mediation and yes, even a company or independent adjuster.  And…unlike PA fee’s, none of these decrease the policyholders final payout; some are free!

In his most recent advertorial published by the Tallahassee Democrat, Mr. Cucarro refers to a PA’s remuneration as a “contingency fee”; like what attorney’s get from personal injury lawsuits.

He didn’t mention the difference–attorney’s are called after someone is injured. PA’s want signed contracts before there’s a problem and even when Citizens had every intention of paying the full amount required under the policy. This is partially what creates the inherent claim delays.  (See NOTE #1 below).

Again, nothing in this law prevents PA’s from assisting a Citizens claimant beginning with the first notice of loss up until the final check is cut. I don’t know this, but…I suspect their problem may be that a substantial majority of Citizens claims are handled satisfactorily and any disputes stem from  differences in the amount–which can be resolved with “free” state sponsored mediation.

As proof, consider that in his Democrat advertorial Cucarro again cites the irrelevant OPPAGA study intimating that hiring a PA will increase Citizens claim payouts by almost $8,000. (See NOTE #2 below).

By opposing this new law on the grounds it bars representation by a PA, is Cucarro (and, thus FAPIA) saying that $8k isn’t enough for PA’s, or is he saying the difference between the offer and the payout isn’t really as much as $8,000 as I contend? (See my previous post–5/9/11)     

Anyway…faced with losing such a fertile field of prospects, what are public adjusters to do?

For one thing they can ask lawmakers to repeal the law.

For another, they can write letters to editors that cover only half the story. See what I mean in  the one published by the  Bradenton Herald.

Before closing I must admit to agreeing with one point in Cucarro’s letter–lawmakers should address the problem of discrimination in this new law.  But…they should not do so by repealing it but by expanding its application to all policyholders, even those who aren’t in Citizens.

Why should the 6 million homeowners subsidizing Citizens be treated worse than the 1.5 million they subsidize?

If it’s good for the goose, it could be great for the gander!

##end##

NOTE #1: The study by OPPAGA stated that for Citizens catastrophe claims; “…when public adjusters represented policyholders, claims processing typically took between 132 to 296 days longer than claims without public adjuster representation.”

NOTE #2: Cuccaro’s Democrat advertorial stated the following  “…During the study period (March 2008 to June 2009), a review of 61,324 non-catastrophe claims found that policyholders using public adjusters received an estimated $9,379 per claim. Those not using a public adjuster received an estimated $1,391.”

IMPORTANT:  If you enjoyed this post you’re invited to subscribe for automatic notifications by going to: www.scottjohnsonflorida.com.  Enter your email address where indicated.  If you’re already on the website at Johnson Strategies, LLC:  go to the home page and enter your email address on the right hand side.  Remember, you’ll receive an email confirming your acceptance, so…check and clear your spam filter for notifications from Johnson Strategies, LLC.  ENJOY!

facebookShare on Facebook
TwitterPost on X
FollowFollow us
PinterestSave

Filed Under: Citizens, Public Adjusters

Reader Interactions

Leave a Reply Cancel reply

You must be logged in to post a comment.

Primary Sidebar

Unless otherwise attributed, articles on this site are the opinions of Scott Johnson.

To subscribe to Scott’s blog…

JS Contributors

Don Brown
Particularly on insurance issues, Don Brown brings expert legislative acumen to the JS team. First elected in 2000 he emerged as an architect on numerous insurance related reforms, predominantly Property Insurance. He’s been an independent insurance agent for over 25 years and is currently a sought-after speaker, consultant and author. Learn more
David Thompson, AAI, CPCU, CRIS
David Thompson has a well-deserved reputation across the country as a preeminent expert in the Property & Casualty field. Learn more
Bill Wilson, CPCU, ARM, AIM, AAM
Bill is one of the most respected speakers and writers on P & C issues in the U.S. He is recognized by his peers as someone who can explain complicated technical subjects in an easily understood and interesting fashion. His list of accomplishments and awards is legendary. For good reason his books, articles and consulting services are in continuous demand. Learn more
Barry Zalma, ESQ. CFE
Johnson Strategies has relied upon Mr. Zalma on numerous occasions for his research and insight into matters of insurance fraud, bad faith, relevant case law and expert analysis. Learn more

Order Scott’s Books

Collapse of an Evil Empire

Fraud and greed pushed home insurers to the brink. Something bold had to be done. This is the story of the disbarment of Florida’s most prolific litigator leading to the most comprehensive tort reforms in Florida, and perhaps American, history.

What's Past is Prologue

Lessons from the Worst Insurance Crisis in Florida’s History... ASSIGNMENT OF BENEFITS

Fact & Fallacy

Essays & Opinions on Florida's Most Controversial Insurance Topics.

Platforms of Success

What the New Generation of Elite Sellers are Doing and How it Can Work for You!

From Cartels to Competition

The Evolution of Insurance and the History of Florida’s Independent Agent

Recent blog posts

  • AGENTS, ADJUSTERS, INSURERS BEWARE—THE RED FLAGS OF FRAUD!
  • The Delicate Balance: Addressing MGA Concerns Without Creating Market Uncertainty
  • Are Florida’s MGA’s Under Attack?!
  • A Smarter Approach to Hurricane-Resilient Homes and Insurance Stability…
  • How Do Other Jurisdictions Manage Hurricane Risk Exposure?

Blog Archive

  • April 2025 (1)
  • March 2025 (2)
  • February 2025 (2)
  • January 2025 (2)
  • October 2024 (3)
  • September 2024 (2)
  • August 2024 (2)
  • May 2024 (1)
  • January 2024 (1)
  • October 2023 (4)
  • September 2023 (2)
  • April 2023 (1)
  • March 2023 (2)
  • February 2023 (3)
  • January 2023 (1)
  • December 2022 (2)
  • November 2022 (1)
  • August 2022 (2)
  • July 2022 (1)
  • June 2022 (1)
  • May 2022 (2)
  • March 2022 (4)
  • February 2022 (3)
  • January 2022 (3)
  • November 2021 (2)
  • October 2021 (3)
  • September 2021 (1)
  • August 2021 (3)
  • July 2021 (4)
  • April 2021 (5)
  • March 2021 (3)
  • February 2021 (6)
  • January 2021 (6)
  • December 2020 (2)
  • October 2020 (3)
  • September 2020 (2)
  • August 2020 (2)
  • July 2020 (1)
  • June 2020 (2)
  • April 2020 (1)
  • March 2020 (1)
  • February 2020 (1)
  • January 2020 (1)
  • August 2019 (2)
  • June 2019 (1)
  • March 2019 (1)
  • January 2019 (1)
  • December 2018 (1)
  • November 2018 (1)
  • September 2018 (1)
  • July 2018 (1)
  • June 2018 (2)
  • October 2017 (2)
  • September 2017 (1)
  • August 2017 (1)
  • June 2017 (1)
  • April 2017 (2)
  • March 2017 (2)
  • February 2017 (1)
  • December 2016 (1)
  • October 2016 (1)
  • August 2016 (2)
  • July 2016 (1)
  • June 2016 (1)
  • March 2016 (2)
  • February 2016 (1)
  • January 2016 (2)
  • November 2015 (1)
  • October 2015 (1)
  • September 2015 (1)
  • August 2015 (2)
  • July 2015 (2)
  • June 2015 (2)
  • May 2015 (1)
  • April 2015 (2)
  • March 2015 (1)
  • February 2015 (3)
  • January 2015 (1)
  • December 2014 (2)
  • November 2014 (4)
  • October 2014 (1)
  • September 2014 (2)
  • August 2014 (2)
  • July 2014 (2)
  • June 2014 (2)
  • May 2014 (3)
  • April 2014 (2)
  • March 2014 (3)
  • February 2014 (3)
  • January 2014 (2)
  • December 2013 (2)
  • November 2013 (2)
  • October 2013 (2)
  • September 2013 (2)
  • August 2013 (2)
  • July 2013 (3)
  • June 2013 (2)
  • May 2013 (3)
  • April 2013 (2)
  • March 2013 (3)
  • February 2013 (5)
  • January 2013 (2)
  • December 2012 (4)
  • November 2012 (3)
  • October 2012 (4)
  • August 2012 (5)
  • July 2012 (5)
  • June 2012 (4)
  • May 2012 (3)
  • April 2012 (7)
  • March 2012 (3)
  • February 2012 (3)
  • January 2012 (5)
  • December 2011 (6)
  • November 2011 (7)
  • October 2011 (6)
  • September 2011 (2)
  • August 2011 (7)
  • July 2011 (7)
  • June 2011 (4)
  • May 2011 (4)

Tag Cloud

7-7-7 Plan Citizens Insurance oir Rick Scott sb-480 senator fasano senator richter
Unless otherwise attributed, articles on this site are the opinions of Scott Johnson.

Mission: Satisfaction Guaranteed

Johnson Strategies (JS) works to establish and achieve goals promoting products or idea's to customers, state policymakers and the consuming public. This is done on behalf of both corporate and individual clients, non-profit trade associations and membership societies. JS specializes in planning, communication and advocacy for a wide range of interests focused in the property and casualty insurance field. Our simple mission is to guarantee satisfaction based on a comprehensive needs analysis and mutually defined goals.

Categories

Popular Tags

7-7-7 Plan Citizens Insurance oir Rick Scott sb-480 senator fasano senator richter

Post Calendar

May 2025
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031  
« Apr    

Recent Posts

  • AGENTS, ADJUSTERS, INSURERS BEWARE—THE RED FLAGS OF FRAUD!
  • The Delicate Balance: Addressing MGA Concerns Without Creating Market Uncertainty
  • Are Florida’s MGA’s Under Attack?!
  • A Smarter Approach to Hurricane-Resilient Homes and Insurance Stability…
  • How Do Other Jurisdictions Manage Hurricane Risk Exposure?
  • PART II of “What Agents Need to Know About Public Adjusters…
  • Latest Decision on AOB!

[footer_backtotop]

Copyright 2012, Johnson Strategies LLC. Website design/development by Cali Design LLC