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action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home/propertyinsuranc/public_html/wp-includes/functions.php on line 6114Nobody likes to be told not to do something. So, I am writing this blog post understanding that my contractor friends, who I have written about in many posts such as\u00a0Restoration Contractors Providing Great Quality Workmanship Are Policyholder Friends But Many Insurance Companies Refuse To Pay For Quality<\/a><\/em>,\u00a0and\u00a0The Hero Contractor: Being a Contender and Not a Pretender<\/a><\/em>,\u00a0may need to be reminded not to shoot the messenger and that all of us must follow the law.<\/p>\n I listened intensely to Tim Varga at the Georgia Association of Public Insurance Adjusters<\/a> Fall Conference in Atlanta on Tuesday. Tim gave a presentation on Catastrophic Consulting and Demystifying the Unlicensed Practice of Public Adjusting (UPPA)<\/em><\/strong>. While he was making the presentation, which showed how roofing companies could be in violation of Georgia criminal law regarding the practice of public adjusting, I made a simple Google search of \u201cGeorgia roof claims and insurance help.\u201d Numerous roofing companies appear to be advertising to help policyholders make roof insurance claims, based on the results of my search.<\/p>\n Dr. Roof is one such advertiser.\u00a0Dr. Roof offers services that closely resemble those typically provided by licensed public adjusters. They state that they will:<\/p>\n These activities, particularly reviewing the policy to assist in the insurance claim, assisting with claim filing, and negotiating with the insurance company, seem to be crossing the line into public adjusting. If so, Georgia has severe criminal penalties for even advertising to do such activities without having a law or public adjuster license. Georgia defines what public adjusters can do and requires those doing so to be licensed. By offering services that may be considered public adjusting without the proper licensing, Dr. Roof could be violating state criminal regulations.<\/p>\n Specific problematic statements by Dr. Roof that could be interpreted as offering public adjusting services include the following:<\/p>\n These statements suggest that Dr. Roof is actively participating in the claims process beyond the scope of a typical roofing contractor. If accused of unlicensed practice of public adjusting, Dr. Roof could face legal consequences, including fines, cease and desist orders, criminal prosecution and other penalties as determined by Georgia law.<\/p>\n When I give classes to insurance restoration contractors, I tell them they should get the policy to make certain they can determine how they are going to get paid. I also warn them to \u201cstay in your lane\u201d and not to get involved with negotiating the claim and doing more than reviewing the policy for their own interests. I previously wrote about this concept of staying in one\u2019s lane\u00a0in\u00a0Should You Hire an Attorney to Fix Your Roof? Should You Hire a Roofer to Argue Your Roof Insurance Claim in Court<\/a><\/em>:<\/p>\n A basic legal rule may be in order for all to remember. Just because you write something like, \u201cI am not a lawyer and not giving legal advice,\u201d does not absolve you from the legal consequences when your actions demonstrate that you have been practicing law without a license. The same is true for any person conducting themselves as a public adjuster, engineer, and any number of trades where the state requires that the individual be licensed. You cannot be unlicensed and do those activities without breaking the law.<\/p>\n So, just because this contractor advertises that it is not a public adjuster does not absolve its adjusting actions\u2026.<\/p>\n Americans hate to be told that we cannot do something. I feel the same way. Yet, most states regulate who can fix roofs, who can provide engineering services, who can practice law, and who can practice public adjusting to protect our fellow citizens from those who do not have the credentials.<\/p><\/blockquote>\n\n
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