Sep 122019
 

TIP – Every public adjuster should make sure their activity notes/claim files, etc. comply with Texas Rule 803 below. ( Every state has a similar rule and exception to hearsay It may just be a different rule number in your state.)

As a public adjuster you will not be able to testify at trial as an expert witness (unlike the insurance adjuster, building consultant or engineer that the insurance company utilizes). However, if you ensure that your activity log and case notes comply with Rule 803 your file can come in as a business record under the exception to the hearsay rule. Your file can go a long way towards establishing violations of the prompt payment statute or insurance code violations (bad faith, unfair claims practices, etc.).

Let your claim file speak to the jury and paint a picture of what really happened in the handling of the claim.


Texas Rules of Evidence – Rule 803 Exception to Hearsay – Business Records
(6) Records of a Regularly Conducted Activity. A record of an act, event, condition, opinion, or diagnosis if:(A) the record was made at or near the time by—or from information transmitted by—someone with knowledge;(B) the record was kept in the course of a regularly conducted business activity;(C) making the record was a regular practice of that activity;(D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by an affidavit or unsworn declaration that complies with Rule 902(10); and(E) the opponent fails to demonstrate that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.

Attorney Shaun Hodge

The Hodge Law Firm

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