N.Y. public adjusters fined for violating consumer protection rules
Two Westchester County, N.Y., public adjuster companies were fined $25,000 each for soliciting business outside of business hours and one also was cited for operating without a license.
Executive Adjustment Bureau and Adjustrite, both located in Pelham, N.Y., were each fined by the New York State Insurance Department for attempting to do business between the hours of 6 p.m. and 8 a.m., a violation of state insurance law.
Both companies work on behalf of insurance policyholders, for a fee, by negotiating the settlement of claims with insurers for damage to property resulting from covered losses.
The department pointed out in a statement that the soliciting guidelines are one of many consumer protections built into state law “to safeguard people who are often under pressure when dealing with highly stressful circumstances, such as when they are trying to recover from a fire loss.” Other protections include allowing consumers to negotiate the fees they pay public adjusters, but limiting adjuster fees to 12.5% or less and allowing consumers the right to cancel compensation agreements within three business days after the date they are signed, provided cancellation requests are made in writing.
James. J. Wrynn, New York’s insurance commissioner, said that most public adjusters “follow these common sense rules, but department investigations have found some less than reputable adjusters going so far as contacting consumers late at night as they awaited treatment in hospital emergency rooms following disasters at their homes.”
“The insurance department will not tolerate that type of conduct,” Wrynn said in a statement.
Executive Adjustment Bureau, licensed by and through Joseph J. Armato, agreed to pay its fine after admitting it improperly solicited business in outside of the hours outlined in the law, according to the department.
According to the department, the solicitations for Executive were made by John H. Capriles, Brett D. Joseph and Kevin M. Taylor, who all conducted business as public adjusters under an unlicensed name. Brad Barnett was also cited by the department for making the solicitations on behalf of Executive without a license.
Adjustrite, currently licensed by and through Capriles, agreed to pay its fine for admitting the solicitation violations and conducting business without a license.
Both companies were directed to implement procedures and internal business controls to avoid future violations, the department said.
“Public adjusters must abide by specific consumer protections,” Wrynn said. “These fines should send a message to public adjusters who choose to ignore those rules. The insurance department will protect the public, as well as public adjusters who follow the rules, by penalizing those who ignore the law.”


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