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Adjusters Beware

By April 15, 2014October 25th, 2018Insurance Blog, Larry Arnold

larry_arnoldA recent California Appellate Court case has just come down entitled, Michael Bock v. Craig Hansen, 2014 DJDAR 4280.  In that case, Travelers Property and Casualty Company hired an adjuster, Craig Hansen, to adjust the loss. This is a classic case of bad facts make bad law. The plaintiff insureds contended that Mr. Hansen, the adjuster, altered the scene before taking pictures, spoke derogatorily to the insured, misrepresented the policy coverage and conspired with an unlicensed contractor to create a false report. The Appellate Court held that theTra insureds could proceed on the theory of negligent misrepresentation and intentional infliction of emotional distress as against the adjuster.

It is likely that insured’s attorneys will use this case in order to plead a cause of action against an adjuster, if for no other reason, than to destroy diversity and preclude the insurer from removing a case to federal court.

To read the entire opinion, please click here.