MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Judiciary A

By: Representative Upshaw

House Bill 1413

AN ACT TO PROHIBIT A PUBLIC ADJUSTER FROM TESTIFYING AS AN EXPERT IN ANY JUDICIAL PROCEEDING IN WHICH THE PUBLIC ADJUSTER HAS A PECUNIARY INTEREST IN THE OUTCOME; TO PROVIDE THAT THE COURT SHALL AWARD REASONABLE COMPENSATION TO A PUBLIC ADJUSTER IN SUCH SITUATIONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  For the purposes of this section, "Public Adjuster" means any person who contracts with an insured to investigate, estimate and assess property and casualty losses on behalf of a claimant, subject to the prohibitions provided in Section 73-3-55.

     (2)  A public adjuster shall not testify in any judicial proceeding as an expert witness if the public adjuster has a pecuniary interest in the outcome of the proceeding because of any services performed or provided by the public adjuster.

     (3)  The court shall award reasonable compensation for any services performed or provided by a  public adjuster in any matter for which the public adjuster is prohibited from testifying as an expert by this section.

     SECTION 2.  This act shall take effect and be in force from and after its passage.