The Iowa Insurance Division Issues Four Cease and Desist Orders Against Contractors Acting as Unlicensed Public Adjusters
June 21st, 2024 by Ric Hanson
Des Moines – The Iowa Insurance Division has issued four cease and desist orders against contractors (Recon Roofing & Construction, Exterior + Home and Remodeling, American Dream Home Improvement, and Darren Reeves Roofing (of Anita) who have acted as unlicensed public adjusters by soliciting business and offering services that require a public adjuster license.
Deputy Commissioner Jared Kirby says “Dealing with damage from a storm is stressful for those impacted. Those unlicensed storm-chasers may attempt to create expectations on settlement values or scope of repairs that do not align with the language of the insurance policy which can cause delays to claim resolution and added expense to consumers.”
It’s important for Iowans to make certain that any service provider working on storm restoration is a reputable company and provides the consumer with proof of insurance, proof of contractor registration and references to allow the consumer to make an informed decision regarding who will be chosen to perform the repairs.
“Iowans should expect contractors to provide to the insured, directly, a written estimate of damages that the insured property owner can then submit to their insurance agent or insurance company,” Kirby added. “Maintaining communication with your insurance company is key.”
A contractor, or other service provider, not licensed as a public adjuster is prohibited by law from advertising, or otherwise offering, to negotiate with the insurance company, filing a claim on your behalf or effecting the settlement of a claim.
A public adjuster is any person who, for compensation, acts on behalf of an insured, during the investigation, negotiation, or settlement of a first-party claim for loss or damage to real or personal property of the insured. Iowa law requires public adjusters to be licensed.
Many times, contractors solicit business, especially after major storms, by offering services that fall under the definition of public adjusting. If an insured property owner has become involved with a contractor who has made these types of promises or commitments, the Iowa Insurance Division encourages the public to report it by emailing storm-chaser-scams@iid.iowa.gov.
Iowans that have had damage should be in regular communication with their insurance agent or insurance company until the claim is completed. The Iowa Insurance Division is here to help Iowans who have questions or concerns regarding how their insurance agent or insurance company is responding to their claim. Iowans can file a complaint for free with the Iowa Insurance Division.
Below are a few fundamentals Iowans should expect from their insurance agent or insurance company during the insurance claim process:
- Timely and responsive communications in the handling of their claim. Insurance company representatives are expected to manage the claim process in a diligent manner.
- An understandable explanation of the claim process. If you do not understand something that the insurance agent or insurance company has said or is doing in the claim process, remain persistent in gaining the level of understanding you are comfortable with.
- Clear explanations from the insurance company about what is expected of the policyholder. Questions can arise in the early stages of the aftermath about mitigation of damages. This includes what an insured can and should do to protect their property from future damage. For example, the removal of items or demolition of property prior to a claim representative inspection, the installation of tarps or other materials necessary to protect the structure and its belongings.
- The timeline in which the insured must make repairs to their property is stipulated in the insurance policy. If the insured has any questions regarding the timeline for repairs they should first contact their agent and insurance company, if questions persist please file a complaint the Iowa Insurance Division.
- An insurance company is required to perform a thorough investigation of the insurance claim in order to determine an accurate preliminary estimate of the cost to repair or replace damaged property. This investigation, depending on the complexity of the claim, can be lengthy. On occasion, disagreements can arise between the insured and the insurance company as to the value and the scope of damage. The insured may present written estimates for repair services justifying their own damage assessment. The insured may negotiate the settlement of their own claim with the insurance company. Ongoing claim management and reasonably prompt communications by the insurance company or insurance agent to the insured is expected.
If an Iowan feels the expectations above have not been met or have other concerns about the claim handling by their insurance agent or insurer, the Iowa Insurance Division is available to assist Iowans. Iowans can file a complaint with the Iowa Insurance Division which allows our office to ensure contractual obligations are met and done so in accordance with insurance laws and regulations. This is a service provided at no cost to those who choose to file a complaint.