Legal Question in Legal Ethics in Alabama

Can Attorney for state agency modify law to suit needs

The statutes that apply in Alabama do not have a reference to Public Adjusters. The statutes defines an adjuster as one who works for the insurance company. They are reqired to have a license. I am unable to obtain a license in Alabama as I work for the owner only. The legal department for the Alabama Dept. of Ins. interprets that working in any capacity as an adjuster requires a Dept of Ins License. Since I dont work for an insurance company I can not get a license. My activities have been approved by the Alabama Bar. Can the Dept. of Ins. and their attorneys prevent me from working for private owners with insurance policies to assist them in claim preparation? Are they conspiring to deprive me of my civil right to contract and work?


Asked on 1/30/98, 12:41 pm

1 Answer from Attorneys

Stanley Spring Spring & Spring, LLC

Alabama Adjusters

Since your question is state specific dealing with the interpretation of Alabama statutes you need to seek counsel with an Alabama counsel. In Louisiana where I am licensed, rather than contemplating a civil rights suit, I would explore the possibilities of seeking some form of declaratory judgment or perhaps some type of injunctive relief. One might wish to consider the laws for interpretation of statutes. Do the statutes prohibit the activity in which you wish to engage? I would suggest the answer is no since I doubt the Bar for the State of Alabama would approve your endeavor if there were statutes proscribing the activity. If the statutes do not prohibit the activity, is there any judicial interpretation via case law which has already addressed the issue you raise? What are the requirements for injunctive relief - specifically is there a requirement for the posting of a bond and must one suffer irreparable injury or putative irreparable injury as essential elements of injunctive relief. What are Alabama's procedural and substantive rules and statutes and cases relative to seeking a declaratory judgment decreeing the activity acceptable. Additionally, there may be avenues available for you to obtain relief in Alabama which you would only find through the use of an Alabama counsel. I hope that helps you in your predicament.

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Answered on 2/03/98, 7:47 am


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