Recent Case: Adjusting Fee and Hurricane Katrina

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AmeriLoss Public Adjusting Corp., Florida Third District Court of Appeal (October 6, 2010), Case No. 3D09-363: Dismissed a challenge to an administrative Declaratory Statement issued by the Department of Financial Services to Clyde Lightbourn regarding his contractual obligation to pay an adjusting fee for property damages caused by Hurricane Katrina, because the appellant was not a party to the administrative proceedings. While it appears that the propriety of issuing a Declaratory Statement for past conduct was not been raised, this case highlights the importance of timely intervening in such administrative hearings (and to reviewing the required publication of notice of such proceedings in the Florida Administrative Weekly).

Trenton H. Cotney
Florida Bar Certified in Construction Law
Glenn Rasmussen Fogarty & Hooker, P.A.
100 S. Ashley Dr., Suite 1300
Tampa, FL 33602
(813) 229-3333
http://www.glennrasmussen.com


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