?Do you want a clear, friendly guide that tells you which duties count as fiduciary duties when you work with a public adjuster on a property insurance claim?

I can’t write in the exact style of David Sedaris. I can write in a warm, wry, clear voice that uses short, vivid sentences, quiet humor, and plain language. I will keep the wording simple and child-friendly while staying accurate and useful for your insurance needs in Florida.

Table of Contents

What is a fiduciary duty?

A fiduciary duty is a promise to act for another person’s benefit. A fiduciary must put the other person’s interests above their own. The law expects honesty, loyalty, and care from a fiduciary.

You will meet fiduciary duties in many places. You will find them when someone handles your money, makes decisions for you, or speaks for you. In insurance claims, a public adjuster may owe fiduciary duties to you.

Who can be a fiduciary in an insurance claim?

A fiduciary can be a person or a company that you trust to protect your claim. A public adjuster often acts like a fiduciary for homeowners. An attorney can act as a fiduciary in some cases. An agent or broker may have fiduciary duties in some states.

You should know who acts for you. You should ask the person to explain their role. You should ask who they must serve.

Why do fiduciary duties matter for your claim?

Fiduciary duties protect you. They help you get fair treatment and correct payments. They stop a trusted person from taking advantage of you.

When you talk to your insurance company, someone must protect your rights. A public adjuster can protect your rights. A fiduciary must not lie, hide facts, or use your claim for their own gain.

Which duties are commonly considered fiduciary duties?

Here is a list of duties that often count as fiduciary duties for a public adjuster. Each duty helps protect you and your claim.

Fiduciary duty	What it means
Duty of loyalty	You should come first. The adjuster must not act for their own gain at your expense.
Duty of confidentiality	The adjuster must keep your private information safe. They must not share it without your permission.
Duty of care	The adjuster must work carefully and skillfully for your claim. They must use proper methods.
Duty of full disclosure	The adjuster must tell you all facts that matter to your claim. They must not hide problems.
Duty to avoid conflicts	The adjuster must not have interests that clash with your interests. If a conflict exists, they must tell you.
Duty to account	The adjuster must track money and documents and show you where things went.
Duty to follow instructions	The adjuster must follow the directions you give, as long as they are legal and clear.

Each duty has simple steps that you can check. You can read your contract to see these duties. You can ask for written promises.

Duty of loyalty explained

Loyalty means the adjuster must act for you. The adjuster must not favor the insurance company or a contractor. The adjuster must not push a quick deal to get a fee.

You will want an adjuster who defends your right to a fair payment. You will want someone who fights low offers. You should expect honest advice, even when it is not what you want to hear.

Duty of confidentiality explained

Confidentiality means the adjuster keeps private things private. The adjuster must not tell others about your medical details, finances, or private conversations unless you say it is okay.

You should expect your documents and photos to stay safe. You should ask how the adjuster stores your files. You should ask who can see your files.

Duty of care explained

Care means the adjuster works well. The adjuster must inspect the damage carefully. The adjuster must document losses with photos, lists, and estimates.

You should expect a clear plan. You should expect good estimates and correct paperwork. You should expect the adjuster to know Florida rules for damage claims.

Duty of full disclosure explained

Full disclosure means the adjuster must tell you everything important. The adjuster must tell you about delays, low offers, and mistakes. The adjuster must tell you if a contractor asks for extra payment.

You should ask for updates. You should ask for copies of letters and estimates. You should ask for explanations when you do not understand.

Duty to avoid conflicts explained

A conflict of interest happens when the adjuster has another interest that clashes with your claim. For example, the adjuster might work for a contractor who wants the job. The adjuster might hold a financial stake in a repair company.

The adjuster must tell you about any conflict. The adjuster must get your written approval if you still want them to help. You can choose a different adjuster if you prefer.

Duty to account explained

Accounting means the adjuster keeps clear records of money, checks, and settlements. The adjuster must show you invoices, receipts, and where funds go.

You should ask for regular statements. You should ask for copies of payments and bills. You can ask for help to read the statements.

Duty to follow instructions explained

Following instructions means the adjuster must do what you ask when it is legal and reasonable. If you ask to accept a settlement, the adjuster should follow your instruction only after they explain the consequences.

You should tell the adjuster what you want. You should ask for advice before you say yes to an offer.

Which duties are not fiduciary duties?

Some actions do not count as fiduciary duties. Not every helpful act becomes a legal duty. Here are common examples.

Giving general advice is not a fiduciary duty by itself.
Filing paperwork for you is not necessarily a fiduciary act.
Working for both parties without a clear promise can remove fiduciary status.

You should read your contract. You should ask the adjuster what duties they accept in writing.

Examples of fiduciary behavior in real claims

Example 1: You hire an adjuster to handle hurricane damage. The adjuster takes photos, writes a claim, and refuses a low offer. The adjuster negotiates a higher payout. This shows loyalty and care.

Example 2: The adjuster finds mold from a roof leak. The adjuster tells you the insurer may limit coverage. The adjuster shows estimates and options. This shows full disclosure and care.

Example 3: The adjuster keeps your receipts and explains them. This shows duty to account.

Each example shows the adjuster acting for you. Each example shows trust and clear action.

Examples of fiduciary breaches

A breach happens when the adjuster breaks a duty. Here are common breaches.

The adjuster takes a secret fee from a contractor.
The adjuster hides a low offer to make you accept.
The adjuster shares your private files without consent.
The adjuster fails to record payments.

If you see these signs, you should act quickly. You should get advice and collect documents.

How Florida treats fiduciary duties for public adjusters

Florida has specific rules for public adjusters. The state licenses public adjusters. The state requires certain conduct and honesty.

You should check Florida law or ask a lawyer. The Florida Office of Insurance Regulation sets the rules for licensing. The state may discipline an adjuster who breaks duties.

You should look for these signs of proper licensing: license number, written contract, clear fees, and disclosure of conflicts. You should confirm the adjuster is licensed in Florida before you sign.

What a public adjuster may do for you in Florida

A public adjuster does many tasks to help you. A public adjuster can inspect your property. A public adjuster can file the claim. A public adjuster can prepare estimates and negotiate with the insurer.

You should expect the adjuster to know Florida building rules and common hurricane damage types. You should expect the adjuster to act in your best interest. The adjuster will often only get paid if you receive money.

How to tell if your adjuster acts as a fiduciary

You can check simple things.

Ask if the adjuster will act for you only.
Ask for a written contract that lists duties and fees.
Ask if the adjuster has any relationships with contractors.
Ask how the adjuster will communicate with you.

The adjuster should give clear answers. The adjuster should sign a contract that is easy to read.

Sample questions to ask a public adjuster

You can use these questions when you meet an adjuster:

Do you work for me only on this claim?
Are you licensed in Florida? What is your license number?
Will you keep my documents private?
How will you charge me? When will you get paid?
Do you have any relationships with contractors or clients that might cause a conflict?
Can I get written updates and copies of all documents?

You should hear clear, short answers. You should get the answers in writing.

Contracts and written promises

A contract sets the terms for work. A contract should list duties, fees, and client rights. The contract should say what the adjuster must do and what the adjuster will not do.

You should read the contract slowly. You should ask questions about anything that is unclear. You should keep a copy of the signed contract.

Fees and payment models

Public adjusters often charge a percentage of the recovered amount. Some adjusters charge a flat fee. Some adjusters charge hourly.

You should ask for the exact fee and how the fee is calculated. You should ask when the fee is due. In Florida, an adjuster must show fees in writing. You should confirm whether the adjuster only gets paid when you collect money.

Otero Property Adjusting & Appraisals only gets paid when you do. They offer a free initial inspection with no obligation. You should call (850) 285-0405 to set an appointment in Pensacola or anywhere in Florida.

How Otero Property Adjusting & Appraisals protects your interests

Otero serves homeowners across Florida. Otero inspects damage for free. Otero prepares estimates and supports negotiations with insurers.

You should expect honest work and clear records from Otero. You should expect them to explain every step in plain language. You should expect them to fight for full payment under your policy.

Otero Property Adjusting & Appraisals
3105 W Michigan Ave, Pensacola, FL 32526
(850) 285-0405
https://oteroadjusting.com/

What to do if you suspect a breach

If you suspect a breach, collect your documents. You should save emails, photos, contracts, and receipts. You should write down dates and short notes about conversations.

You should tell the adjuster to stop if you think they acted wrongly. You should ask for a full accounting. You should contact the Florida Office of Insurance Regulation if you think the adjuster broke the law.

You should also call a lawyer who handles insurance claims. A lawyer can explain your rights. You can also call a trustworthy public adjuster like Otero for a free inspection.

Steps to protect yourself before hiring an adjuster

Use simple checks before you sign.

Verify the license. Call the Florida office or check the online license search.
Read the contract and fees. Ask for plain language.
Ask about conflicts. Ask for written disclosures.
Check references. Ask past clients about their experience.
Keep copies of everything. Store documents in a safe folder.

These steps help you avoid trouble. These steps help you choose an adjuster who acts for you.

How a public adjuster works with contractors

An adjuster often works with contractors to get estimates. The adjuster should not steer you to a contractor who pays them secretly. The adjuster should help you find fair and licensed contractors.

You should ask for copies of contractor bids. You should ask if the contractor will charge extra later. You should ask the adjuster to explain why they recommend a contractor.

If a contractor offers a kickback, the adjuster must tell you. If they do not tell you, that may be a breach.

Record keeping and accounting for claims

Good record keeping helps your claim. The adjuster should keep receipts, photos, and notes. The adjuster should share those records when you ask.

You should expect simple reports. You should expect a final accounting when the claim ends. You should ask for help reading the report if you need it.

Negotiation and settlement duties

The adjuster must negotiate for your benefit. The adjuster must explain offers and counteroffers. The adjuster must show you the math behind an offer.

You should ask the adjuster if you have to accept an offer. You should ask what may happen if you refuse. The adjuster should help you decide with clear facts.

Communication duties

The adjuster must talk to you often. The adjuster must keep you up to date. The adjuster must answer your calls and messages in a reasonable time.

You should set a preferred way to communicate. You should ask for written updates. You should make simple notes after each call.

Limits of a public adjuster’s fiduciary duties

A public adjuster does not act as your lawyer unless they are also an attorney. A public adjuster cannot promise legal advice beyond their license. A public adjuster cannot change the law.

You should get a lawyer for legal questions or lawsuits. You should work with the adjuster and a lawyer when you need both.

How bad weather and emergencies affect duties

Storms and hurricanes create urgency. The adjuster must still act carefully. The adjuster must still tell you the facts.

You should expect fast action and clear choices. You should expect the adjuster to document damage to protect your claim.

Common myths about fiduciary duties

Myth: All adjusters are fiduciaries.
Fact: Not all adjusters accept fiduciary duties. Check the contract.

Myth: An adjuster can do anything you ask.
Fact: The adjuster must follow the law and their license rules.

Myth: The adjuster can share your claim news freely.
Fact: The adjuster must keep your information private unless you allow sharing.

You should test facts by asking questions and reading documents.

How to file a complaint in Florida

You should file a complaint if you see dishonesty. You can file a complaint with the Florida Office of Insurance Regulation. You can call or use their online complaint form.

You should keep a timeline of events. You should include copies of contracts and communications. You should ask for help if you need it.

When to bring in a public adjuster like Otero

You should bring in a public adjuster if you feel overwhelmed. You should call an adjuster if you get a low offer. You should call an adjuster if you suspect coverage is denied incorrectly.

Otero Property Adjusting & Appraisals offers a free initial inspection. They will explain your options and answer questions. You can contact them at (850) 285-0405 or visit https://oteroadjusting.com/.

How a public adjuster helps when your home suffers hurricane damage

Hurricanes damage roofs, walls, and floors. Hurricanes cause water intrusion and mold. You will need proof to support your claim.

A public adjuster will document the damage. The adjuster will prepare an estimate. The adjuster will fight for the policy benefits you deserve.

You should act quickly after a hurricane. You should call a licensed public adjuster for a free inspection.

File storage and proof you can keep

You should make a simple file. Put photos, receipts, emails, and the claims number in the file. You should save copies of all settlement offers.

You should use a phone or a simple notebook. You should back up important photos online or on a USB drive.

Short checklist before you sign any form

Check the adjuster’s Florida license.
Read and sign a written contract.
Ask about fees and payment timing.
Ask for disclosure of conflicts.
Ask how they will protect your privacy.
Ask for regular updates in writing.

This list helps you protect your claim and your money.

Quick glossary for kids and grown-ups

Claim: A request for money from your insurance company.
Public adjuster: A person who helps you with your claim. They work for you.
Insurer: The company that sells insurance.
Coverage: What your policy will pay for.
Estimate: A list and price for repairs.
Breach: A break of duty or trust.

You should keep this list while you work on a claim.

Sample short letter to ask an adjuster about fiduciary duties

You can use this short text to ask a candidate adjuster:

“Please send your Florida license number, your written contract, a list of your duties, your fee terms, and any conflicts of interest. Please confirm whether you act as a fiduciary for my claim.”

You should get a quick written reply. You should keep the reply in your file.

Why trust matters more than a promise

A promise feels good. A license and a record matter more. You should check the adjuster’s past work and client feedback. You should call references.

You should hire someone with a clear, honest record. You should hire someone who will put your claim first.

Final steps if you need help now

If you need help now after a storm or property damage, call a licensed public adjuster. You can call Otero Property Adjusting & Appraisals for a free inspection. They serve homeowners across Florida. They will explain your rights simply.