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. The better practice is for the insured to be represent by an insurance claims lawyer at the examination under oath.
You can reach Miami Property Insurance Claims Attorney J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected].