Dave Young 2016-03-08 00:01:35
Protection of the Arizona Insurance Consumer American Family Insurance operating in Arizona has been under attack for using the title “adjuster” when their employees are not actually licensed. It is appropriate for employees of insurance companies to adjust claims without a license. But it is a violation of the law for anyone to claim the title of “adjuster” when they have not passed an examination for a license and do not meet certain criteria to qualify for the title. No other major insurance company calls its employees “adjuster.” Instead, they use titles such as “claim representative” or a similar title to designate employees who can adjust claims. Several years ago, it was alleged that American Family was committing consumer fraud by using “adjuster” titles and American Family was able to convince the Arizona Department of Insurance (ADOI) to change the definition of adjuster on the ADOI website to include the employees of insurance companies. The lawsuit that included this allegation was settled several years ago. Subsequently, the Department of Insurance has been criticized for this action. With the election of Gov. Doug Ducey, the ADOI has undertaken changes that include addressing nagging insurance consumer issues, one of which is the fact that a major insurance company has been able to “call the shots” in telling the ADOI how to handle this issue. A nurse can work in the medical field, but does not earn the title of “doctor.” A paralegal can do legal work, but does not earn the title of “attorney.” An employee of an insurer can adjust claims, but does not earned the title of “adjuster.” In order to bring American Family into compliance with the law, American Family needs to cease calling its claim representatives “adjuster” or the law has to be changed. A law has now been introduced into the Arizona legislature that would remove the requirement of any insurance adjuster to be licensed at all, which would allow anyone except an adjuster who represents the insured (a “public” adjuster) to enter the insurance adjusting field with no experience or educational requirement having ever been met. Introduced by Republicans Karen Fann and David Livingston, the proposed law is known as House Bill 2342. It will deeply impact insurance adjusters who are currently licensed and have earned their license through experience and education. It will, in fact, render that licensing meaningless. While insurance agents must participate in continuing education in Arizona, there is no continuing education requirement for insurance adjusters. Arizona also has no experience requirement before someone can take an examination to become an insurance adjuster. To allow insurance adjusters to enter the field of adjusting without any educational requirements and with no evidence of passing an examination as is now required, goes against what we know is logical. This law as proposed is anathema to a society concerned with protection of the public. Hair dressers and cosmetologists have to be licensed. Private investigators have to be licensed. Property managers have to be licensed. It goes against every ounce of consumer protection concern in our society to allow insurance adjusters to enter the field of adjusting with no experience or education. David E. Young is an Arizona insurance adjuster. He is licensed as an independent adjuster in Arizona as well as Utah, California, Texas, Oklahoma, New Mexico, Colorado, Nevada, Oregon, Idaho and Maryland. He is a principal with Brown-O’Haver Public Adjusters and the owner of the Adjusters Insurance School. He is a nationally recognized expert in the appraisal of insurance claims having authored that chapter in the Insurance Settlement Handbook. He is the president of the Rocky Mountain Association of Public Insurance Adjusters and serves on the board of directors of the National Association of Public Insurance Adjusters. For more information, please visit www.brown-ohaver.com.
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