Opinion

Dauphin County Bar Ass'n v. Mazzacaro

  • 465 Pa. 545
  • 351 A.2d 229
  • 1976 Pa. LEXIS 443
Court
Supreme Court of Pennsylvania
Filed
Jan 29, 1976
Status
Published
Author
Roberts
On the bench
Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino
Cited by
53 cases
Authority
More cited than 7.0%

holding that a public adjuster may not represent an accident victim as an attorney-in-fact because “the proper protection of members of the public demands that no person be permitted to act in the confidential and demanding capacity of a lawyer unless he is subject to the regulations of the legal profession”

How later courts described this case

  • holding that a public adjuster may not represent an accident victim as an attorney-in-fact because “the proper protection of members of the public demands that no person be permitted to act in the confidential and demanding capacity of a lawyer unless he is subject to the regulations of the legal profession”
  • holding that a public adjuster may not represent accident victims in settlement negotiations against alleged tort- feasors or their insurers
  • concluding third-party claimant representation by lay casualty adjusters constitutes unauthorized practice of law

Written by the judges who cited it.

The opinion

ROBERTS, Justice

(dissenting).

I dissent from the holding of the majority because this case is not ripe for decision by this or any other court of the Commonwealth. The plaintiff in this case seeks to prevent the defendant from adjusting the claims of “third parties” against insurance companies. Defendant claims that his license permits him to do so. If defendant is acting beyond the scope of his license, there is an administrative remedy: a complaint may be filed with the Insurance Commission seeking to have defendant’s license revoked. * As Mr. Justice Pomeroy stated in Lilian v. Commonwealth, 467 Pa.—,—, 354 A.2d 250 ,-(1976) [J-515 1974],

“Where such an administrative remedy is statutorily prescribed the general rule is that a court — be it a *558 court of equity or a court of law—is without jurisdiction to entertain the action. See, e. g., DeLuca v: Buckeye Coal Company, 463 Pa. 513 , 345 A.2d 637 (1975); West Homestead Borough School District v. Allegheny County Board of School Directors, 440 Pa. 113 , 269 A.2d 904 (1970); Commonwealth v. Glen Alden Corp., 418 Pa. 57 , 210 A.2d 256 (1965). Strict compliance with the statutory procedure thus established is the norm.”

I see no reason to depart from well-established procedure in this case.

The Insurance Commissioner is empowered to revoke the license of and fine any public adjuster who abuses his license. Act of April 25, 1921, P.L. 276, § 6, as amended Act of June 22, 1931, P. L. 605, § 7, 40 P.S. § 306 (1971).

Even if this is not an exclusive statutory remedy, it is clear that the exercise of equity jurisdiction is not appropriate at this time.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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