insurance claim disclaimer

Important Disclaimer. To all Customers, Insurers, Agents of Insurers, Adjusters & Engineers 

Some of our customers may have a contract of insurance that may cover all or part of our estimate or contract with our customer. If you are a customer, insurer, an agent of insurer, an adjuster, engineer or work for an insurer please take note that we only discuss facts and opinions of our estimates and contracts. Our company is not a public adjusting company, nor is it a law firm so we do not offer or provide public adjusting or legal services to our clients. If our customer has a contract of insurance , this is a contract between the insurer and the insured.Our contract with our customer ia s separate contract. Our authorization is limited to an ability to discuss our estimate or contract, not any policy of insurance. Our customer may ask us to provide a cost to repair damage caused by a recent storm to an insurer or agent of an insurer, adjuster, or engineer. Our company has the authority to discuss factual findings and our opinions with you. We are authorized to discuss our companies’ repair costs as a licensed contractor to repair storm damage. We can explain our bills, our costs and what we believe is the total costs to repair the damage caused by the storm. As a licensed contractor our company has experience and expertise with determining how much a licensed contractor will charge to repair property damaged by storm events. We also have experience and expertise in interpreting and gathering evidence of causation of damages. Prior to providing our estimates we have interviewed our customers about pre loss condition of the property , and inspected the physical evidence at the site, gathered evidence from manufacturers of materials, discussed the procedure and labor necessary to perform a repair or replacement of the damaged property. Accordingly, we may be able to provide you with proof of a loss evidence as a fact or expert witness on the damage and costs of repair of the damage at issue. This damage and the costs of repair may or may not be covered by a policy of insurance your company has with our customer. However, we are not attorneys and not  public adjustors. Our company is not collecting a fee for such services and we will not perform services. Accordingly, we cannot and will not discuss the policy provisions of any policy of insurance our clients may have with you nor are we authorized to negotiate the compromise of any insurance claim. A condition of our willingness and authority to speak with you is your agreement that you will not solicit from us any information you believe would induce me to speak of any matter that constitutes the practice of public adjusting or the practice of law.

If at any moment you believe any of our conversations are impacting or may cause impact any issue which requires a public adjusting or law license you are to stop the conversation immediately and ask to speak to the General Counsel of our legal department. If in the course of our discussions you do not request to speak with the General Counsel of our legal department, we will assume that you conclude that our conversations are authorized, within our authority, and do not involve any issues that speaking about would require a public adjusting license or a license to practice law.  Any reception and use  of any communication from our company or its employees is conditional upon acknowledgement of the following condition set forth by our General Counsel in our Legal Department. 

Matters you must direct to our legal Department 

Please be advised that our company has a separate legal department to ensure legal and regulatory compliance of our company and our employees. Our legal department also deals with legal compliance of our customers and legal rights of our company. 

Any matter that you deem involves a matter of Public Adjusting or the Practice of Law, must be directed to our legal department. 

If you are an insurer, agent of an insurer, adjuster, or engineer or anyone working for an insurer and any of your questions or your inquiry requires the interpretation of the policy , the law  or any legal rights of an insured, you must refer questions or inquiry to the attention of the General Counsel in our  legal  department. No employee of this company is authorized to speak to you regarding anything that may be considered the practice of law or the practice public adjusting. If in the course of you reviewing a contract, assignment or claim investigation as an insurer or on behalf of an insurer, and you need to discuss legal rights under a policy of insurance or policy terms, you must refer such questions of inquiry to the attention of the General Counsel in our legal department. If you have any questions regarding insurance benefit or an assignment of benefit (AOB) to our company you must refer this matter to our General Counsel  of our legal department. To bring a letter to the attention of our General Counsel in our legal department please email: if you have any request or there is any opinion that you deem to be a matter for law or policy interpretation, the only appropriate person is the General Counsel of our legal department. You are advised that directing or soliciting information which may be consider unlicensed public adjuster or the unlicensed practice of law may be considered a crime. 

Tortious Interference with a Contract 

 All insurers are also advised and put on notice by our legal department that we have a contract with our client for the repair of the property. We understand that it may benefit an insurer to have our client terminate or breach of contract in favor of someone who may agree to perform a service that is either reduced in scope or price to the agreement we have with our client. Please be advised that we reserve the right to bring legal action against any person or company if we believe in good faith that the person or company has tortiously interfered with the contract we have. 

We Report Insurance Fraud 

Please also be advised that our company has a zero tolerance for insurance fraud. It is our policy that all suspected instances of insurance fraud by any person must be reported to the General Counsel of our legal department. If we and our legal department deem that any adjuster,  engineer misrepresented or faked any fact to impact an insurance claim, this is a crime, and we will report any such evidence to the proper authorities. Please be advised that we are a member of the American Policy Holders Association, and we reserve the right to investigate in good faith and report any evidence of carrier fraud or insurance fraud committed by a carrier, agent, carrier adjuster or carrier engineer to the State Attorney General, Local Authorities, the Commissioner of Insurance, and any adjuster or engineering licensing department.  

Disclaimer Applicable to all Xactimate, Itel, MSW, or estimated artificial bid calculator reports 



We send lump sum estimates as market rate offers. We do not rely on Xactimate, ITEL, MSW, or computer model pricing. At a request of a breakdown, we may convert this offer into a computerized artificial bid calculator such as an Xactimate or ITEL format, or have a third party do so. This is provided solely for you to compare our bid to other market rate bids for licensed contractors in the area. Xactimate or ITEL  is not the same as getting bids from other licensed contractors. Xactimate/ITEL does not include or account for the added costs or considerations of expenses incurred by a disaster recovery contractor. Our company has not itemized various general and specific costs that our company has spent to date or will spend. We encourage you to source actual bids to compare our pricing at this time in this market. Any Xactimate or ITEL analysis format given to you does not account for or charges various costs and expenses such as travel, remote and emergency staging of personnel and materials. Therefore, the overhead and profit summary in Xactimate or ITEL is for your overall calculation, to compare other bidders, and may not reflect the actual amount of profit  or loss overall to our company which is relevant the cost to perform this job. We have provided a lump sum cost for the described scope for us to do the work as a licensed and bonded contractor. Actual cost of subcontract work from  this Xactimate or ITEL analysis will vary and this estimate does not reflect actual costs to our company either in unit pricing, overhead and/or profit on any individual job. We do not add outside or general expenses and do not charge or credit for costs or below market rates our company may have to compensate for unrecoverable expenses. This Xactimate/ITEL estimate is not an offer by our company on individual line items. It is a bid and offer only on the lump sum price. The final cost and scope is offered as a lump sum only and is only to be considered for acceptance by you. If you company or our customer authorizes us to perform this job for a total lump sum of our estimate,  we consider this a binding bilateral obligation and we take the risk to guarantee work and pricing on the scope provided considering overall expenses and overhead not included or accounted for in this Xactimate/ITEL estimate.  Our lump sum price is only applicable for the scope set forth in this estimate, and if the scope of the repair or replacement requires us to increase the scope we reserve the right to supplement.