CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, APRIL 17, 2026

Policy Provision Prohibiting the Hiring of Public Adjuster Upheld

Apartment on fire
April 14, 2026
Tred R. Eyerly - Insurance Law Hawaii

The federal district court denied the public adjuster’s challenge to the policy provision prohibiting insureds from retaining public adjusters. Barbato v. Interstate Fire & Cas. Co., 2025 U.S. Dist. LEXIS 259094 (S.D.N.Y. Dec. 15, 2025).

North Jersey Public Adjusters, Inc. (NJPA) alleged the insurer issued a policy to the insured covering the insured’s apartment building. The property subsequently suffered a fire loss. The insured retained NJPA to assist with the claim. NJPA and the insured executed a public adjuster agreement for public adjusting services.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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