The Attorney's Introduction to Public Adjusters as Property Insurance Expert Witnesses

While we love sharing our knowledge about property insurance claims, this guide is for general information and isn't legal advice.

Public adjusters can serve different roles as claims professionals (what we're licensed for) or expert witnesses. While public adjusting encompasses most claim aspects, expert witness appointments are typically based solely on the facts of each matter and limited scope of assignment, and maintain strict neutrality.

Every matter and jurisdiction is unique, so be sure to consult with appropriate legal counsel for your specific situation.

The Value of Public Adjusters in Litigation

Every attorney knows that moment: You're reviewing a property claim file, and the technical complexities start compounding. Between construction methodologies, building codes, and insurance policy provisions, the nuances can quickly overwhelm even experienced litigators.

A qualified public adjuster (like our Founder, Sarah Parker) brings both practical claim handling experience and deep technical knowledge to help articulate these complexities for the matter at hand. Specifically for matters outside of Minnesota, our founder Sarah occasionally serves as expert witnesses in property claim litigation, while within Minnesota, we assist as licensed public adjusters working directly with policyholders.

Key Considerations

Consider your last property claim case:

• Did you need to explain complex policy provisions?

• Were building codes, construction standards, or workmanlike repairs at issue?

• Did you encounter disputes over matching (pre-loss or uniform appearance), depreciation, or actual cash value?

• Was there confusion over the scope of damages versus scope of repairs, or like, kind, and quality disputes for damaged versus replacement materials?

• Did you need to challenge or defend an insurance carrier's position on coverage?

• Were there questions about industry standard or common claim handling practices?

Why Timing Matters

Early expert involvement often proves crucial in property claim litigation. We've seen how delayed expert engagement can impact case preparation, especially in matters involving:

• Documentation of temporary repairs

• Preservation of damaged materials

• Coordination with other experts (engineers, architects)

• Determining proper repair methodologies

• Analysis of causation

The Cost of Delayed Expert Engagement

Late expert involvement can lead to:

• Missing crucial documentation opportunities

• Incomplete or improper preservation of evidence

• Difficulty reconstructing claim timelines

• Challenges establishing causation

• Limited time for thorough analysis

• Rush fees for expedited reports

• Potential conflicts with deadlines

Utilizing the Value of an Expert Witness

To get the most from your public adjuster expert:

• Engage early in the litigation process

• Provide complete claim documentation

• Clearly define the scope of expert services needed

• Allow time for thorough document review and analysis

Areas of Expertise

Depending on their qualifications and experience, and the rules of the jurisdiction of the matter, public adjusters may be able to provide expert testimony on:

• Policy interpretation and application

• Industry standard or common claim handling practices

• Minimum building code compliance

• Construction methodologies and costs

• Damage assessment

• Scope of repairs versus scope of damage

• Depreciation and valuation disputes

• Material matching or pre-loss condition, like, kind, and quality

• Overhead and profit calculations, coverage, or consideration

• Causation analysis

Special Considerations

Document Security

Ensure your expert has secure file sharing capabilities and understands your firm's confidentiality requirements. Within cybersecurity breaches and data leaks, vendors are one of the largest sources of data breaches and leaks.

Parker Public Adjusting offers encrypted file sharing options to protect sensitive case information.

Remote Capabilities

Consider whether remote inspections or testimony might be appropriate for your case. Parker Public Adjusting offers remote expert capabilities when circumstances warrant.

Professional Credentials

Verify your expert's licensing, continuing education, and relevant certifications. Public adjusters should maintain active licenses and stay current with industry developments.

Experience also matters. Certifications only tell part of the story. Ask a public adjuster about their experience, and any specialties or special knowledge.

Geographic Service Areas

Outside of Minnesota

Parker Public Adjusting's founder Sarah Parker provides expert witness services for property claim matters in litigation, suit, or ADR. Our expertise includes:

• Fenestration

• Minimum building code compliance and workmanlike repairs

• Discontinued materials and out of business manufacturers

• Historic structures and building methods

• Overhead and profit

• General property insurance disputes

Within Minnesota

We serve as licensed public adjusters, working directly with policyholders to adjust and resolve their property insurance claims. While we do not serve as expert witnesses in Minnesota, we can assist your Minnesota clients with their active property insurance claims as their public adjuster, which includes comprehensive claim management.

Learn More

Contact Parker Public Adjusting to discuss your case needs. We offer:

• Detailed CV and qualification documentation

• References from other attorneys

• CE (adjusting) and CLE presentations on property claim litigation

• Secure file sharing options

• Both in-person and remote services

Our experience spans hundreds of property claims, providing the depth of knowledge your firm may need for effective expert testimony.