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By Janet Zink, Times/Herald Tallahassee Bureau (Article)
Insurance Companies Seek Legislation To Reduce Sinkhole Claims (read article)
Reporter: Paige St. John, HeraldTribune.com
The ruling in Frederick W. Kortum, Jr. v. Alex Sink holds that section 626.854(6), Florida Statutes (2008), which bans solicitation by public adjusters for a period of 48 hours following an event that may be the subject of an insurance claim, represents a restriction on commercial speech that violates Article I, § 4 of the Florida Constitution.
Judge James O. Shelfer issued the opinion, reversing a lower court ruling and remanding the case for further proceedings.
Below is a statement attributable to David Beasley, president of the Florida Association of Public Insurance Adjusters, about the ruling:
The Florida Association of Public Insurance Adjusters (FAPIA) commends the First District Court of Appeal for its thorough review of the 48-hour law, which clearly represents an unconstitutional violation of commercial speech.
What is most important about this ruling is the impact it will have on Florida?s insured policyholders, providing them with unfettered access to the only licensed, trained and bonded advocates who fight for their rights.
The first 48 hours after a loss are often the most critical for the insured. Policies can be complex and confusing, and if the policyholder does not properly follow contract conditions, their coverage can be limited or even eliminated. Public insurance adjusters are extensively trained and experienced to assist the insured in meeting conditions and receiving the full compensation to which they are due.
We commend Frederick Kortum, an eight-year veteran of the industry and FAPIA member, for filing this suit and seeing it through. His efforts, and that of the legal team, have made it easier for Florida consumers to get the assistance they need when dealing with insurance losses.
DCA Overturns 48-Hour Public Adjuster Ban (read article)
Reporter: Kathleen Haughney, The News Service of Florida
Appelle's Motion to Vacate Automatic Stay