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Public adjusters lien in Illinois

IllinoisLien WaiversMechanics Lien

Valid Pa contract for 15% is in place. The insured does not want to pay us. We took them from 0 to 70K now you know the routine, the 3-party checks are in and they want to negotiate the contract.

4 replies

Sep 5, 2022

Your question states that you signed a Public Adjuster contract with property owners who have since been paid by their insurer but wish to negotiate with you rather than paying the agreed-upon 15%.

First, your claim is covered by 512.52 of the Illinois Insurance Code (215 ILCS 5/512.52).

Second, Illinois courts have consistently held that the use of the word “lien” in the statute means the legislature intended to give adjusters an enforceable lien. 

Note, your claim would not give right to a "Mechanics" lien but, rather, a valid lien under the auspices of the Illinois Insurance Code.

I hope that this information was help. Best of luck!

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Sep 5, 2022

Would levelset provide that service for me?

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Sep 5, 2022

Afraid I don't know, but you can find out at https://www.levelset.com/lien-rights-management/

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Sep 6, 2022
If by in you mean the checks have been issued, it is likely too late to assert a lien on the insurance proceeds. If you are a payee on the checks, they cannot lawfully be negotiated unless you endorse them. You would thus be in a good position to stick to the agreed compensation. You could also file suit.
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