This summary does not constitute a legal opinion. The information it contains may not reflect the current state of the law.

A family lodges a complaint with our office alleging negligence and lack of professionalism on the part of the claims adjusters it had hired to negotiate on its behalf with the insurer in the wake of a residential fire. Amongst other things, the complainants allege that they had to attend to much of the claims settlement process themselves.

At the very outset, it was determined that the claims adjustment firm had assigned the claims file to a public claims adjuster who was not certified— the very adjuster who, for a year, negotiated the settlement of their claim. You can imagine how surprised the insureds were to learn this during the investigation!

Supervising employees should not be taken lightly. It is a responsibility that is unique to managers and essential to the protection of the public.