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California Financial License Defense Attorney

We defend licensed financial professionals in California

California Insurance Adjustor License Defense Attorney

California Department of Insurance License Defense Lawyer

The California Department of Insurance, known as CDI, licenses several hundred thousand Insurance Adjustors in the State of California. Most California Insurance Adjustors have minimal or no contact with the enforcement arm of the California Department of Insurance. For Insurance Adjustors who become part of the California Department of Insurance’s disciplinary process, the consequences are profound. The Insurance Adjustor License disciplinary process is complex, procedural and time consuming. Insurance Adjustors facing the California Department of Insurance disciplinary process should seek legal representation from an experienced California Insurance Adjustor License Defense Attorney.

California Department of Insurance Investigation Defense Lawyer

The majority of California Department of Insurance investigations begin with the filing of a consumer Complaint. However, California Department of Insurance Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Insurance employs non sworn Enforcement Representatives to conduct non criminal investigations. The California Department of Insurance employs sworn Peace Officer Investigators to conduct criminal investigations against Insurance Adjustors. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Insurance disciplinary process. At the conclusion of a California Department of Insurance investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California Department of Insurance Legal Division. The California Department of Insurance Legal Division will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Insurance Adjustor Licensee facing a California Department of Insurance investigation, contact a California Department of Insurance License Defense Attorney for representation.

California Insurance Adjustor License Accusation Defense Attorney

A formal Accusation served on a California Insurance Adjustor Licensee serves as notice to an Insurance Adjustor that the Department intends to revoke the Insurance Adjustors’ License. The Insurance Adjustor, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Insurance Adjustor. A Default will result in the immediate Revocation of the Insurance Adjustors’ License.

An Accusation is a serious matter that can result in the suspension or revocation of an Insurance Adjustor License in California. In many cases, it is possible for Insurance Adjustors to reach a Stipulated Agreement with the California Department of Insurance. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Insurance Adjustors facing a California Department of Insurance Accusation should contact an experienced California Insurance Adjustor License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Insurance Adjustors include:

  • Accepting or Receiving Referral Fees
  • Aiding and Abetting Unlicensed Practice of Insurance Adjusting
  • Breach of Fiduciary Duty
  • Deceptive Sales and Marketing Practices
  • Dishonesty, Fraud or Deceit
  • Elder Abuse
  • Insurance Fraud
  • Premium Theft
  • Unlawful Solicitation

California Insurance Adjustor License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Insurance can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Insurance’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows an Insurance Adjustor to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Insurance Adjustor can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Insurance Adjustors facing a California Department of Insurance Administrative Law Hearing need effective representation from a California Insurance Adjustor License Defense Lawyer.

California Insurance Adjustor License and Criminal Convictions

The California Department of Insurance can discipline Insurance Adjustors for criminal convictions. California Department of Insurance discipline occurs for convictions for criminal convictions that are substantially related to the duties, functions and qualifications of an Insurance Adjustor. Common criminal offenses that can cause Insurance Adjustor License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Department of Insurance and other law enforcement agencies also investigate criminal conduct by Insurance Adjustors in the course and scope of their trade. Criminal investigations often involve Insurance Adjustors engaged in Violations of Insurance Adjustor License Regulations pursuant to the California Insurance Code. In serious criminal cases against Insurance Adjustors pending in Criminal Court, the California Department of Insurance and the Department of Insurance Legal Division may seek a California Penal Code § 23 Order against the Insurance Adjustor. A California Penal Code § 23 Order seeks to suspend an Insurance Adjustor License in Criminal Court.

Insurance Adjustors facing criminal charges and Insurance Adjustors who are convicted of criminal offenses need an experienced California Insurance Adjustor License Defense Attorney for representation in disciplinary proceedings before the California Department of Insurance.

California Insurance Adjustor License Statement of Issues Attorney

The California Department of Insurance thoroughly investigates all applicants for Insurance Adjustor Licenses. The California Department of Insurance may deny a California Insurance Adjustor License for a variety of reasons. Most California Insurance Adjustor License denials occur due to criminal convictions, financial problems or misstatements on the Insurance Adjustor License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied an Insurance Adjustor License should contact a California Insurance Adjustor License Denial Lawyer for representation in a California Department of Insurance Statement of Issues Hearing.

California Insurance Adjustor License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Insurance Adjustors who have received an Insurance Adjustor License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Insurance Adjustor License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Insurance. A successful Insurance Adjustor License Petition for Reinstatement requires representation by an experienced California Insurance Adjustor License Defense Attorney.