A Florida appellate court ruled in Nawaz v. Universal Property & Casualty Insurance Company that under the language of the insurance policy between the insured and the insurance company that the insured's public adjuster was not prohibited from being present during the insured's examination under oath. In this case, the insured filed an insurance claim for wind damage against the insurance company. The insurance company requested that the insured sit for an examination under oath. The insured complied and showed up with his public adjuster. The insurance company objected to proceeding with the examination under oath in the presence of the public adjuster and when the insured refused to proceed without his public adjuster's presence the insurance company denied his insurance claim and sued its insured. The court's reasoning it that the insurance policy required that the insured submit to an examination under oath outside the presence of any other "insureds" and that a public adjuster is not an "insured". The bottom line is that under a policy with this language a public adjuster is allowed to be present for an insured's examination under oath. However, a public adjuster cannot provide legal advise or enage in the practice of law. And, of course, you always have to review the language of the policy. Under different policy language the outcome of this court's opinion may have been different.
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Attorney J.P. Gonzalez-Sirgo has built his entire career on protecting the rights of insurance policyholders, personal injury and wrongful death victims and fighting for the rights of Florida consumers and small businesses. The firm has recovered millions of dollars for victims of denied or underpaid insurance claims, victims of catastrophic personal injuries and wrongful death and on behalf of those that have been taken advantage of by Big Business and Big Insurance. J.P. has been certified as a life member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. The Million Dollar Advocates Forum is recognized as one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts, awards, and settlements. Fewer than 1% of U.S. lawyers are members. In Miami-Dade County call us at 305-461-1095 or call us toll free at 1-866-71-CLAIM or fill out the short online contact form at www.YourAttorneys.com.