Not only do the proponents not understand what an adjuster does, but they are also unaware of the time limitations and strigent filing guidelines already provided under the current law. Electronic record keeping has improved compliance but it has made the field of adjusting inifinitly more tedious. More regulation will further remove the humanity of adjusting , (actually having the time to help injured workers) and making the job even more robotic. 

WCCP should also consider establishing a defense insurance policy for adjusters to purchase, as attorneys continue to be sqeezed out of comp, more will move to civil litigation. But that is another forum topic.

Marcy Gano CWCL 

 

Hi Marci,

Hope you're doing well.  I actually worked with a consultant in Texas trying to develop just such a limited "defense only" adjuster E&O product, and we even had an underwriter who would have been willing to consider such a product, but only if written and offered through an "educational association" (i.e. the WCCP and PCCP).

Unfortunately, in our market research, we found that most people we asked didn't think there was a need and would not have been willing to pay for it.

We did find, however, a disparity between "carrier/staff" adjusters and "independent" adjusters.  Most carrier adjusters felt that it was unnecessary because they believed their employer would defend them.  A great number of the independents we queried were most interested.  Unfortunately, for a realistic product offering, we would need to be able to show the underwriter the potential for a very sigificant number of policies.

It is something I still believe in, and would be willing to resume such a project if the attitudes change.  (Of course, one good case where the involved carrier does not defend the adjuster would probably change a lot of minds.  I wonder if the involved adjuster in Emma Murray's case had to pay defense costs, or for that matter, the case manager in Aguilera?)

I know that even notaries are able to secure bonds, and even lost cost E&O policies through the National Notary Association.  And I'm sure there are others.  But there would need to be a willing market.

What would the cost be?  Probably minimal, but at least around $100 a year, more or less.

Just thought you would like to know that there is someone out here who agrees.

Jim