Florida AG Says His Office Investigating ‘Anti-Public Adjuster’ Endorsements in Policies

In the long-simmering clash between property insurers and public adjusters, the adjusters now have Florida’s chief law enforcement officer on their side, after state Attorney General James Uthmeier announced his office will investigate anti-public adjuster endorsements in some Florida insurance policies.

Uthmeier, now in a tight race against Democrat Jose Javier Rodriguez, announced Tuesday, Oct. 21, that his staff has subpoenaed documents from Velocity Risk Underwriters, a Ryan Specialty company. A civil lawsuit against Velocity, brought by public adjusters over the same issue, is now pending in Miami-Dade Circuit Court.

“We are looking into whether Velocity and other insurance companies worked together to ban public adjusters so they could pay out less money,” Uthmeier said in a news release. “Insurance companies use their own adjusters. Homeowners should be allowed to hire an advocate on their side too.”

Uthmeier stated flatly, without attribution: “Homeowners who use a public adjuster can receive up to 30 percent more money on their claims than those who do not.”

He may have been referencing a 2010 study from the Florida Office of Program Policy Analysis and Government Accountability, which examined Citizens Property Insurance claims from 2004 and 2005. The report noted that catastrophe claims with public adjuster involvement took four times as long to settle, and that the “typical” PA-involved claim payout was 19% higher in 2004 and 747% higher in 2005.

Velocity Risk and Ryan Specialty representatives could not immediately be reached for comment Wednesday morning. Another insurance executive called Uthmeier’s words “surprising,” given that Uthmeier was appointed by Gov. Ron DeSantis, who has publicly supported measures to curb public adjusters’ aggressive solicitation efforts of homeowners.

The attorney general’s statement also is a far cry from those of former Florida Chief Financial Officer Jimmy Patronis, now a member of Congress, who often railed about public adjusters swooping in after hurricanes and exaggerating damage amounts in claims. Patronis and his successor, current CFO Blaise Ingoglia also have brought charges against several public adjusters in recent years for fraud and theft.

But Florida property insurance advocates suggested that it’s all about politics: Uthmeier may be hoping to gain favor with consumers two weeks before the Nov. 3 election. One recent poll in September showed Uthmeier in a virtual dead heat with Rodriguez, Florida Politics reported. A James Madison Institute poll, released Oct. 9, showed Uthmeier ahead, 50% to 40%. Rodriquez has pledged to seek more aggressive oversight of property insurers and to make the AG’s office an advocate in court for policyholders, according to news reports and the Rodriguez campaign.

Uthmeier’s announcement comes a year after the Florida Association of Public Insurance Adjusters (FAPIA) and the National Association of Public Insurance Adjusters filed a lawsuit against Velocity Risk Underwriters, an excess and surplus lines insurer. The complaint charges that an endorsement found in some Velocity policies, barring the use of public adjusters by policyholders, violates antitrust and unfair trade practice laws.

The endorsement, according to the complaint, reads: “It is understood and agreed that a condition of this policy is that the named insured shall not hire, engage, retain, contract with, or otherwise utilize the services of a public adjuster, whether or not licensed in the state where the property is located or any other jurisdiction to inspect, evaluate, or adjust any loss covered by this policy.”

A few admitted carriers have considered similar endorsements. American Integrity Insurance now offers premium discounts if policyholders agree to avoid the use of public adjusters. The American Integrity endorsement is cited in the FAPIA lawsuit. Others, including Orange Insurance Exchange, Safe Harbor Insurance and US Coastal Property and Casualty Insurance Co. considered the idea but never offered it.

Such endorsements are a good thing, offering homeowners a choice and a way to reduce premiums, industry insiders said.

“It’s good for consumers to have a choice on how claims are handled,” said Lisa Miller, former deputy Florida insurance commissioner who is now a consultant. “They have a choice—use a public adjuster or get a lower premium.”

The general counsel for FAPIA, Jonathan Zachem, said Uthmeier’s investigation would not affect the civil suit, but that together, the legal proceedings may be just the “tip of the iceberg.” Some elected Florida officials in recent months have signaled a new focus on consumer protection, despite 2022 legislative changes that have reduced litigation costs and have led to lower property insurance rates for many homeowners.

“They’ve seen that some insurance companies are not as consumer-friendly as they could be,” Zachem said Wednesday, Oct. 21.

Uthmeier’s subpoena demands that Velocity turn over records about its membership in trade groups, its communications with other insurance companies, and any agreements to stop homeowners from using public adjusters. The attorney general did not go into detail about what laws or regulations may have been broken by Velocity or others.

Surplus lines carriers are lightly regulated under Florida law, and state insurance regulators may have little power to address Velocity’s endorsements. And insurance policies have often been considered contracts, with parties on either side free to decline to sign the agreements, insurance advocates have said.