Frederick Kortum vs. Alex Sink will be argued before Florida’s First District Court of Appeal this afternoon, sometime after 2 p.m. In Public Adjusters Lose 48 Hour Solicitation Ban Case and Public Adjuster Lawsuits Move to Appellate Courts, I discussed this important appeal which concerns the constitutional rights of public adjusters to solicit following a loss.
The lower Court’s holding is an important issue for public adjusters. I know that the insurance industry finds it equally important, but for a very different reason. The Property Casualty Insurers Association of America, the National Association of Mutual Insurance Companies and the Florida Property and Casualty Association filed amicus curiae briefs supporting the regulation.
Here is the most significant part of the underlying holding by the trial Court:
The Court’s finding is that for the first 48 hours after a casualty, a public adjuster may not solicit face to face or by telephone with an insured who has sustained a loss. No other form of contact is prohibited by the statute during the first 48 hours and no prohibition of contact exists after 48 hours
Wilbur E. Brewton has been substituted as counsel and will argue on behalf of the public adjuster. Wilbur is an excellent attorney and has proved to be bright and creative. I wish him the best of luck.
