PUBLIC INSURANCE ADJUSTER AGREEMENT AND LETTER OF REPRESENTATION
NO RECOVER/NO FEE CONTINGENCY AGREEMENT
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The undersigned (Insured) hereby retains Amloss Claims & Arbitration LLC. (AMLOSS) to be Insured’s agent and representative to appraise, advise, negotiate and/or adjust the above referenced loss under the following terms. Amloss is not a law firm and does not offer legal advice. Insured may wish to consult an attorney regarding their claim.
1. Scope of Services: Amloss will scope the loss, prepare an estimate of damages, prepare a Sworn Proof of Loss (SPOL) if required, and file same with insured’s carrier. Additionally, Amloss will attempt to adjust claim with carrier. Amloss will not select contractors to renovate or remediate.
2. Fees: The Insured hereby agrees to pay and irrevocably assigns to the Public Adjuster (PA) an amount equal to 20% (Twenty-percent) of the claim and recovery whether through adjustment, mediation, appraisal, arbitration, lawsuit or otherwise, on all coverages applicable under the referenced policy including claims for bad faith. However, for initial claims arising out of an occurrence declared an emergency by the State of Florida, the percentage shall be 10% (Ten-Percent) if this contract is executed within one year after the declaration of emergency for such occurrence directly related to this loss. If payment is made on a replacement cost value policy (RCV), the PA fee is based on the gross RCV adjustment/settlement/award.
3. Notice of assignment and payment: The Insured has assigned a portion of his/her claim to the PA and hereby authorizes and directs the above-named insurance company(s) to include the name of the PA as an additional payee on all insurance proceeds checks issued by reason of the above-referenced loss. Payment to the PA shall be due and payable in full at the time insurance proceeds are paid or issued by the insurance company. PA, at its discretion, may agree to accept a postdated check for its fee when PA indorses settlement check. In the event of any litigation instituted by the PA for non-payment of all or any part of the PA’s fee, the prevailing party on the issue of non-payment shall be entitled to recover reasonable attorney’s fees.
4. Insured Cooperation: The Insured agrees to comply with the PA’s and insurance company’s reasonable requests for information and other requirements of the insurance policy and the court.
5. Binding Effect: This agreement shall be binding on the Insured and the Insured’s personal representatives, executors and assigns.
6. Cancellation: An insured or claimant may cancel a public adjuster’s contract to adjust a claim without penalty or obligation within 3 business days after the date on which the contract is executed or within 3 business days after the date on which the insured or claimant has notified the insurer of the claim, by phone or in writing, whichever is later. Cancellation must be submitted in writing and sent by certified mail, return receipt requested, or other form of mailing that provides proof thereof, to the public adjuster at the address below. During a Governor declared state of emergency and for 1 year thereafter, the cancellation period is extended to 5 days. If the Insured unilaterally terminates this contract after the time period for cancellation set forth above, the Insured understands and agrees that the PA shall remain fully entitled to receive the total amount of the PA’s fee set forth above at the time that payment is made by the insurance company. The PA may terminate this contract at any time if the PA, for any reason, determines it is unfeasible for the PA to continue and the Insured will not be obligated to the PA for fees or expenses, unless thetermination is for the Insured’s failure to cooperate with the PA’s or insurance company’s reasonable requests, in which event, the PA shall remain fully entitled to receive the total amount of the PA’s fee at the time that payment is made by the insurance company notwithstanding the termination of this contract.
All named insureds must sign this agreement. Pursuant to Florida Statute 626.8796 Client represents and warrants to Amloss that all named insureds have signed below.
Pursuant to s. 817.234, Florida Statutes, any person who, with the intent to injure, defraud, or deceive an insurer or insured, prepares, presents, or causes to be presented a proof of loss or estimate of cost or repair of damaged property in support of a claim under an insurance policy knowing that the proof of loss or estimate of claim or repairs contains false, incomplete, or misleading information concerning any fact or thing material to the claim commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes Pursuant to F.S. 626.8796 Client represents and warrants that all named insured have signed below.
The parties agree this Contract may be electronically signed and will have the same legal effect as a handwritten signature for the
purposes of enforceability, validity and admissibility. Client may request a hard copy of this agreement to be signed manually instead of signing electronically by calling 954-652-1965.