33 Carpenters Construction, Inc. v. The Cincinnati Insurance Company

Summary

The Iowa Supreme Court affirmed summary judgment against 33 Carpenters Construction, holding that its assignment of a homeowner’s insurance claim was void and unenforceable because the contractor acted as an unlicensed public adjuster. The court also rejected the argument that only the Iowa Insurance Commissioner could enforce the public-adjuster licensing requirements. The court of appeals decision and district court judgment were affirmed.

Holdings

1. An assignment of an insurance claim entered into by a residential contractor acting as an unlicensed public adjuster is void and unenforceable under Iowa Code section 103A.71(5). Whigham's assignment to 33 Carpenters was therefore void and unenforceable.
2. The Iowa Insurance Commissioner does not have sole authority to enforce the licensing requirements for public adjusters; courts may apply the relevant statutes to resolve a judicial dispute concerning the validity and enforceability of an assignment.

Questions Presented

1. Whether Whigham's assignment of insurance claims and benefits to 33 Carpenters was void and unenforceable because 33 Carpenters acted as an unlicensed public adjuster.
2. Whether the Iowa Insurance Commissioner had exclusive authority to enforce the public-adjuster licensing requirements, thereby precluding the courts from deciding the validity of the assignment.

Disposition

affirmed