By Remington Huggins, Esq.

As Hurricane Helene approaches Georgia, many insureds will likely turn to public adjusters to navigate the complex insurance claim process. However, during a state of emergency, there are restrictions on how public adjusters can solicit business, and it's essential to understand those restrictions.

On September 25, 2024, Georgia Governor, Brian Kemp, declared a state of emergency for Tropical Storm Helene. Now that a state of emergency has been declared, it is important to know what you can, and can’t do as a public adjuster.

Under O.C.G.A. § 33-23-43.8(a), public adjusters are not allowed to solicit business while the state of emergency is ongoing.[1] Once the state of emergency ends, public adjusters will be able to resume their normal solicitation of business. However, it’s important to remember that public adjusters can only solicit business during business hours, unless an insured initiates direct contact with the public adjuster.[2]

As you assist Georgia residents in recovering from Hurricane Helene, remember to always follow the law and prioritize the best interests of your clients. By adhering to Georgia’s solicitation laws, you can ensure that your efforts are both legal and beneficial. Be safe out there!

[1] “An adjuster shall not solicit or attempt to solicit a client for employment during the progress of a loss-producing natural disaster occurrence. For purposes of this subsection, the term ‘natural disaster’ means any natural disaster for which a state of emergency is proclaimed by the Governor.” O.C.G.A. § 33-23-43.8(a).

[2] “An adjuster shall not solicit or attempt to solicit business on a loss or a claim in person, by telephone, or in any other manner at any time except between the hours of 8:00 A.M. and 10:00 P.M. on a weekday or a Saturday and between noon and 10:00 P.M. on a Sunday. This subsection shall not prohibit an adjuster from accepting phone calls or personal visits during the prohibited hours from an insured on the insured's initiation.” O.C.G.A. § 33-23-43.8(b).