- A Florida Appellate Court Has Ruled: Public Adjusters Can Attend Insured's EUO
- June 22, 2012
- Law Firm: Colodny Fass Talenfeld Karlinsky Abate Webb P.A. - Fort Lauderdale Office
In Nawaz v. Universal Property & Cas. Ins. Co., No. 4D10-4288 (Fla. 4th DCA, June 13, 2012), an appellate court has finally addressed the issue of whether an insured's public adjuster may attend an Examination Under Oath ("EUO").
In Nawaz, the carrier scheduled the insured for an EUO, but required the insured's public adjuster to leave the room. The insured declined to ask his public adjuster to leave, so the carrier suspended the examination. The carrier then sued the insured seeking a declaration that the insured failed to comply with the policy.
The trial court ruled in favor of the carrier and held that the policy, which authorized an EUO "while not in the presence of any other insured," also excluded public adjusters.
The Fourth District Court of Appeal reversed the trial court's decision and held that the plain language of the policy excluded only another insured from the EUO. If the carrier wanted to exclude public adjusters from the EUO, it could have "easily" done so.
The decision is not final until the time for rehearing has expired.