Florida Makes it Impossible for a Public Adjuster to act as its Client's Disinterested Appraiser Because a Contingency Fee Makes him Interested

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Appraisal is a contractual provision of a first party property insurance policy designed to allow insurers and insureds to resolve the disputed quantum of a loss by the work of three disinterested appraisers. It works efficiently and easily when done fairly.

In State Farm v. Jon Parrish, Case No. 2D19-130, Court Of Appeal  (January 6, 2021) State Farm and its insured, Jon Parrish, found themselves in a dispute over who can appraise the value of Mr. Parrish's covered loss.

ZALMA OPINION

The decision made by the Florida Court of Appeal should have been, and was, obvious. A person with a right to a percentage of any award cannot be disinterested in the outcome and will, as he is obligated to do as a public adjuster, do everything possible to increase the amount of the award of appraisers regardless of facts presented to the appraisers and is, at the very least, compelled to support the proof of loss that PA created.