Florida Public Adjuster's Handbook of Statutes, Rules, and Other Legal Authorities

Kurtis Jay Keefer, Esq.

maalis 2014 · Kurtis Jay Keefer, Esq.

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In Florida, the legal authorities governing and relating to property insurance, associated claims, and insurance adjusting are scattered in various bodies of law (beyond the “Florida Insurance Code”).  Unfortunately, they are not always easy to locate, or logically categorized or ordered.

This book contains a comprehensive compilation of these statutes, rules, and other legal authorities.  To compile the materials in this publication, an exhaustive review was undertaken of the Florida Statutes, Florida Administrative Code, and other bodies of law.  Once compiled, the authorities were then re-categorized and re-ordered in an effort to make them easier to search.

In addition, this book includes a helpful list of over one hundred (100) important deadlines and timing issues, as well as a list of other selected statutes, an extensive list of state and federal cases (arranged by topic), and a list of resources relevant to property insurance and public adjusting.

Public adjusters should find this book helpful to their adjustment and handling of claims, and in dealing with insurance representatives.  It should also assist public adjusters in becoming more familiar with the relevant legal authorities, and the legislative process, which has become more important in recent years with the passage of restrictive regulations for public adjusters.

This publication is not designed to be read from cover to cover like a traditional book; rather, it is to be used as a reference tool.

Table of Contents

Segment 1 – Important Deadlines and Timing Issues

Segment 2 – Statutes of Limitations and Notice Issues

Segment 3 – Public Adjusters and Insurance Representatives – Licensing and Appointments

Segment 4 – Public Adjusters and Insurance Representatives – Continuing Education

Segment 5 – Public Adjusters and Insurance Representatives – Ethical Rules and Other Similar Authorities

Segment 6 – Public Adjusters and Insurance Representatives – Advertising and Soliciting

Segment 7 – Public Adjuster Contracts

Segment 8 – Public Adjuster Fees, and Other Fees

Segment 9 – Public Adjusters and Insurance Representatives – Unlicensed Practice of Law and Adjusting

Segment 10 – Public Adjusters and Insurance Representatives – Other Rules

Segment 11 – Collection Issues

Segment 12 – Insurance Policies

Segment 13 – Cancellation, Renewal, and Nonrenewal of Insurance Policies”

Segment 14 – Claims Handling Issues

Segment 15 – Payment Issues

Segment 16 – Bad Faith and Unfair Trade Practices

Segment 17 – Fraud

Segment 18 – Disciplinary Issues for Public Adjusters, Insurance Representatives, and Insurers

Segment 19 – Mortgage and Banking Issues, and Lender Placed Insurance

Segment 20 – Ordinance or Law Coverage, including Building Codes, etc.

Segment 21 – Condominium and Timeshare Issues

Segment 22 – Sinkhole Claims

Segment 23 – Hurricane and Windstorm Issues

Segment 24 – Flood Insurance Claims

Segment 25 – Citizens Property Insurance Corporation

Segment 26 – Surplus Lines Insurance and Insurers

Segment 27 – Florida Insurance Guaranty Association (“F.I.G.A.”)

Segment 28 – Relief from the Federal Emergency Management Agency (“F.E.M.A.”)

Segment 29 – Right to Access Information

Segment 30 – Policyholder’s Bill of Rights

Segment 31 – Various Definitions

Segment 32 – Mediation of Property Insurance Claims

Segment 33 – Litigation Issues

Appendix I – Other Selected Statutes, Rules, etc.

Appendix II – Selected Florida and Federal Cases

Appendix III – Resources

Index

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Kurtis Jay Keefer, Esq.

Born 1970; Wheeling, West Virginia

Mr. Keefer has had the unique opportunity of handling property insurance claims on behalf of both insurance carriers and insureds.

Mr. Keefer received a Bachelor of Arts degree from the University of South Florida, a Master of Business Administration degree from West Virginia University, and a Juris Doctor degree, with magna cum laude honors, from the University of Miami. While at the University of Miami School of Law, he was awarded membership to The Order of the Coif, legal education’s national honorary society. He also served as an Articles and Comments Editor for the University of Miami Business Law Review, and received a Dean’s Merit Scholarship.

Mr. Keefer is licensed to practice law in Florida and West Virginia. He is admitted to the United States District Courts for the Southern, Middle, and Northern Districts of Florida, and Southern and Northern Districts of West Virginia, and the Eleventh District Court of Appeals. He is also a Florida Supreme Court Certified Circuit Court Mediator.

Mr. Keefer can be reached at: [phone] or [phone] (Telephone); [phone] (Facsimile); [e-mail] or [e-mail] (Email); Central Park Professional Center, 1450 Madruga Avenue, Suite 410, Coral Gables, Florida 33146.

Donald M. Kreke, Esq.

Born 1963; St. Thomas, U.S. Virgin Islands

Mr. Kreke hails from a family who has been involved with the insurance industry for decades. That background has provided a strong foundation for Mr. Kreke to confidently represent insureds and prosecute claims against insurance companies. In 1990, Mr. Kreke founded The Law Offices of Donald M. Kreke. Since then, he has served the needs of thousands of clients.

Mr. Kreke received his Bachelor of Arts degree from the University of Miami, and his Juris Doctor degree from the University of Miami School of Law. He is licensed to practice law in Florida. He is admitted to the United States District Courts for the Southern, Middle, and Northern Districts of Florida, and Eleventh District Court of Appeals.

Mr. Kreke can be reached at: [phone] or [phone] (Telephone); [phone] (Facsimile); [e-mail] (Email); Central Park Professional Center, 1450 Madruga Avenue, Suite 410, Coral Gables, Florida 33146.