“The majority of state supreme courts to rule on the issue have determined an insured cannot bring a negligence claim against an independent insurance adjuster because an independent insurance adjuster owes the insured no duty of care.” Tippett v. Ameriprise Insurance Co., No. 14-4710, 2015 WL 1345442, *4 (E.D. Pa. March 25, 2015)(predicting Pennsylvania law to follow ). To the same effect: Lodholtz v. York Risk Services Group, Inc., 778 F.3d 635, 637 (7th Cir. 2015)(predicting Indiana law).
Reprinted with the permission of Thomson Reuters from the manuscript of the author's 2015 Supplement chapters, and in particular Section 3:17, in “Litigation and Prevention of Insurer Bad Faith, 3d” ©2015 by Thomson Reuters.