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Public Adjuster Entitled to a Fee Even Where It Did Not Resolve the Claim

In a big win for the PA industry, the first Department in Public Adjustment Bureau, Inc. v. Greater New York Mutual, held that where the retainer agreement  contemplates that if the public adjuster performed “valuable services, to include preparation and submission of claim detail and to advise and assist in the adjustment of the loss,” and provides that it would be paid when the loss was “adjusted or otherwise recovered,” that the PA would be permitted  to recover its fee, even where an attorney subsequently commenced suit and recovered for the property damage. The Court found that although the efforts of the Public Adjuster to settle the claim failed, it sufficiently assisted in the preparation of Proofs of Loss; paid the estimating company and conferred with counsel, who relied on the estimates secured by the PA.  Read More…

Rosa M. Feeney, Esq
rmfeeney@lewisjohs.com

 

 

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