Des Moines - The Iowa Insurance Division entered into a Consent Order with Central Iowa Gutter and Donald Smart of Altoona on November 26, 2024. Smart also does business as Smart Home Exteriors and Smart Home Services.
The Iowa Insurance Division provided Smart with examples of how Central Iowa Gutter and his other related businesses made statements on the company’s website, social media channels, and paid advertisements that were in violation of state law because they were offering services that require a public adjuster license in the state of Iowa.
By signing the consent order, Central Iowa Gutter and Donald Smart have agreed to make the necessary changes to stop holding themselves out as public adjusters or providing any public adjuster services on its websites, social media pages, and advertisements. Smart and Central Iowa Gutter have also agreed to instruct its agents and employees to refrain from taking any direct or indirect role in effecting the settlements of insurance claims in the state of Iowa.
A public adjuster is any person who, for compensation, acts on behalf of an insured, during the investigation, negotiation, or settlement of a first-party claim for loss or damage to real or personal property of the insured. Iowa law requires public adjusters to be licensed. Neither Smart nor his companies have ever been licensed as public adjusters in the state of Iowa.
“Iowa’s laws regarding public adjusters are in place to help protect Iowans,” said Chance McElhaney, Chief Operations Officer of the Iowa Department of Insurance and Financial Services. “Unlicensed public adjusters or contractors acting as public adjusters in violation of Iowa Code can create potentially unreasonable expectations on settlement values or scope of repairs that do not align with the language of the insurance policy, which can then cause delays in the claim resolution and add unnecessary expenses to consumers.”
It is important for property owners to know that if a disagreement with their insurance company arises regarding the cost and scope of repairs, the homeowner and/or a licensed public adjuster, not the contractor doing the work, can negotiate with the insurance company. A contractor may provide information, such as damage reports and repair estimates, to the homeowner and, if asked, to the insurance company, but may not represent the homeowner or negotiate with the insurance company on behalf of the homeowner.
Iowans with questions or concerns regarding their insurance policy or claim can file a complaint with the Iowa Insurance Division.