National Association of Public Insurance Adjusters (NAPIA)

When a tornado, hailstorm, fire, or flood damages your home or business, the insurance claim process can be overwhelming. Policyholders who are unfamiliar with the language of their policy, the scope of covered damages, or the negotiation process with their insurer are at a significant disadvantage — and that disadvantage is well known to the professionals who arrive in the days and weeks following a disaster.

Among those professionals are public insurance adjusters — licensed advocates who work exclusively for the policyholder, not the insurance company. A skilled, ethical public adjuster can be one of the most valuable resources a disaster-affected policyholder can hire. But not all public adjusters operate with the same standards, the same credentials, or the same accountability. Understanding the difference can protect both your claim and your interests.

The Missouri Public Adjuster Landscape

Missouri licenses public adjusters through the Department of Commerce and Insurance. Licensure requires passing a state examination, maintaining continuing education, and carrying a surety bond. Licensing verifies that an adjuster is legally permitted to work in Missouri — but it does not speak to their professional ethics, their claims experience, or their accountability to any standard of conduct beyond the minimum required by law.

Unlike some states, Missouri does not cap public adjuster fees by statute. The fee you agree to in your contract is the fee you will owe. That makes your written contract — and who you sign it with — critically important. Missouri law requires a written contract before any work begins, and policyholders have the right to cancel within 72 hours of signing.

These protections are meaningful, but only if policyholders know to invoke them. And in the chaotic aftermath of a major loss, when adjusters are knocking on doors and offering quick settlements, many policyholders sign contracts without reading them carefully — sometimes with people they cannot later find.

What Is NAPIA?

The National Association of Public Insurance Adjusters (NAPIA) is the only national professional organization that holds public adjusters to a binding Code of Professional Conduct. Founded in 1951, NAPIA represents the public adjusting profession’s commitment to ethical, competent, and transparent representation of policyholders.

NAPIA membership requires members to:

• Hold valid state licensure in every jurisdiction where they work
• Adhere to NAPIA’s Code of Professional Conduct
• Maintain continuing professional education
• Disclose fees and terms in writing before any contract is signed
• Submit to a formal disciplinary process if they violate professional standards

NAPIA membership does not replace state licensing — it supplements it. A NAPIA member has voluntarily accepted a layer of accountability beyond what state law requires. That voluntary accountability is the distinction that matters most when choosing who will represent you in the most financially significant insurance claim of your life.

The Special Risks of Out-of-State Public Adjusters

After major disasters, Missouri policyholders are routinely approached by public adjusters from other states. Some of these adjusters are experienced professionals who have obtained proper Missouri licensure and who bring legitimate catastrophe response expertise. Others are not.

Some of them publish local contact numbers to conceal their locations or use “800” numbers. Often, they will hire local solicitors to market for them.

Out-of-state adjusters present specific risks that local policyholders should understand:

Licensure gaps. An adjuster licensed in another state is not automatically licensed in Missouri. Some operate here without proper licensure following major events, particularly in the first days and weeks after a disaster when regulatory oversight is stretched thin.

No local accountability. When an out-of-state adjuster returns home, they are effectively beyond reach. A policyholder with a dispute over fees, conduct, or contract terms has no practical local recourse and may have difficulty locating the adjuster at all.

Fee structures without context. Without a fee cap and without local market familiarity, some out-of-state adjusters present contracts with fee structures that bear no relationship to prevailing local practice.

Assignment of rights clauses. Some out-of-state contracts include provisions that transfer partial control of your claim to the adjuster, limiting your ability to settle, negotiate, or dismiss the adjuster without financial penalty.

A Documented Pattern of Harm

These are not hypothetical concerns. In recent years, law enforcement and insurance regulators across the country have documented criminal conduct by out-of-state public adjusters operating in disaster-affected communities. None of the individuals described below were NAPIA members.

Dennis Flaherty, Continental Fire Adjusters. Operating across the Midwest following major loss events, Flaherty was convicted of fraud related to his claims adjustment work. His victims were policyholders who had already suffered significant losses and who trusted him to advocate on their behalf.

Andrew Aga. Charged across multiple states with forgery, theft, and exploitation of disaster victims. Aga targeted homeowners in the aftermath of major storms, collecting fees and failing to perform the services he promised.

Michael Breitenbach, Patriot Public Adjusting. Faced criminal charges in Pennsylvania and New Jersey for misconduct directed at vulnerable homeowners following catastrophic events. Breitenbach’s conduct resulted in regulatory action across multiple jurisdictions.

These cases share a common profile: an out-of-state adjuster, no NAPIA affiliation, no local accountability, and policyholders left worse off than when they started. The pattern is not limited to these individuals. It repeats following virtually every major disaster event in the country.

The NAPIA Difference

Choosing a NAPIA member public adjuster does not guarantee a perfect outcome — no honest professional can make that promise. But it does provide several concrete assurances that an unaffiliated adjuster cannot offer:

A NAPIA member has agreed to written ethical standards. A NAPIA member is subject to peer oversight and formal discipline. A NAPIA member has made a public professional commitment to transparent fee disclosure. And a NAPIA member who violates those standards can be reported to the organization and face consequences beyond whatever the state licensing board may or may not pursue.

For Missouri policyholders considering an out-of-state adjuster specifically, NAPIA membership is the most reliable available indicator that the adjuster operates with professional accountability across state lines — not just in their home jurisdiction.

Before You Sign: A Verification Checklist

Before signing a public adjuster contract — particularly with someone from out of state — take the following steps:

✅ Verify Missouri licensure. Search the Missouri Department of Commerce and Insurance license lookup at insurance.mo.gov. The adjuster must be individually licensed in Missouri, not just in their home state.

✅ Verify NAPIA membership. Search the NAPIA member directory at napia.com/membership. A legitimate NAPIA member will welcome this step.

✅ Read the full contract before signing. Look specifically for fee percentages, exclusivity clauses, cancellation terms, and any language that assigns or transfers your rights.

✅ Exercise your cancellation right. Missouri law gives you 72 hours to cancel. If you have any doubt, wait and review before committing.

✅ Ask for local references. A public adjuster who has worked Missouri claims should be able to provide references from Missouri policyholders.

Conclusion

The public adjuster you hire after a major loss will have significant influence over the outcome of your claim. The selection decision deserves more than a moment’s consideration under stressful circumstances.

Missouri policyholders approached by out-of-state adjusters should verify licensure, verify NAPIA membership, and read every line of any contract before signing. Those steps take minutes. The protection they provide can be substantial.

The NAPIA member directory is publicly available at napia.com/membership. Missouri public adjuster license verification is available at insurance.mo.gov.

James H. Bushart, Licensed Missouri Public Adjuster — MO License #8207067
 314-803-2167
 missouripublicadjuster.org

Spring in Missouri means more than blooming flowers and warmer days — it means hail. Each April and May, severe thunderstorms sweep across the state, leaving a trail of damaged roofs, dented gutters, and shattered windows in their wake. If your property has been hit, what you do in the first days after a storm can make or break your insurance claim.

What Hail Does to a Missouri Home (That You May Not See)

Hail damage is notoriously deceptive. What looks like minor denting on your gutters or a few cracked shingles from the ground can actually signal significant structural damage to your roof. Insurance companies deploy trained adjusters who know exactly how to minimize payouts — and they often complete inspections quickly, leaving policyholders with settlements that don’t reflect the true cost of repairs.

Functional damage — such as cracked or bruised asphalt shingles that compromise your roof’s ability to shed water — doesn’t always look dramatic at first glance. But left unaddressed, it leads to leaks, mold, and far more expensive problems down the road. A claim that starts at a few thousand dollars can balloon into tens of thousands if damage goes undetected or is dismissed as “cosmetic.”

Act Quickly: The Steps That Protect Your Claim

Missouri insurance policies often include strict deadlines for reporting storm damage. Waiting too long can give your insurer grounds to reduce or deny your claim.

If you have enough warning before a coming storm, take as many “baseline” photos of the exterior of your home or commercial building as you can, to include the roof. Help yourself to be able to distinguish what pre-existed from what occurred from the storm.

The moment a hailstorm passes, here’s what you should do:

• Document everything. Walk your property and photograph every visible sign of damage — roof, gutters, siding, windows, AC units, and any outdoor structures.
• Save your weather records. The National Weather Service and other tools can confirm storm activity in your ZIP code on a specific date. This data supports your claim timeline.
• Make only temporary repairs. Tarping a damaged roof or boarding a broken window is fine. But making permanent repairs before an adjuster inspects the damage can give your insurer grounds to deny coverage for the original damage.
• Get an independent estimate. A written contractor assessment gives you documented evidence to counter a low offer from your insurer’s adjuster.

How Insurance Companies Evaluate Hail Claims

When you file a hail damage claim, your insurance company sends their own adjuster to inspect your property. That adjuster works for the insurer — not for you. This doesn’t mean they’ll act dishonestly, but it does mean you and your insurer may not see eye-to-eye on the extent of damage.

Insurers commonly attribute damage to “pre-existing conditions,” “normal wear and tear,” or argue that damage is cosmetic rather than functional. Each of those characterizations can dramatically reduce your settlement. Understanding your policy before you file is essential. In particular, know

whether you have Replacement Cost Value (RCV) coverage or Actual Cash Value (ACV) coverage. ACV policies deduct for depreciation — meaning a 15-year-old roof will be valued far below what it actually costs to replace today.

Signs Your Hail Claim May Have Been Underpaid

Even after a settlement has been issued, Missouri policyholders have the right to request a re-inspection or pursue additional compensation if they believe damage was missed. Common signs of an underpaid hail claim include:

• Your contractor’s estimate is significantly higher than the insurer’s offer
• The adjuster spent very little time on your roof or only inspected the exterior briefly
• Your settlement doesn’t include matching materials for partial repairs (for example, only replacing one side of a roof)
• You were told damage is “cosmetic” but your contractor disagrees

When a Licensed Public Adjuster Can Help

If your hail damage claim has been underpaid, delayed, or denied — or if you simply want an experienced advocate handling the process from the start — a licensed Missouri public adjuster works exclusively for you, never for the insurance company.

A public adjuster will thoroughly document all damage, prepare a detailed claim on your behalf, and negotiate directly with your insurer to pursue a fair settlement. Hia fee is contingency-based, meaning he only gets paid when you receive a settlement.

Missouri’s hail season is unpredictable, but your response to it doesn’t have to be. If you’ve experienced hail or storm damage — even if your insurer has already issued a settlement or denied your claim — it’s worth having your claim reviewed. Many policyholders are surprised to find their initial settlement left out significant damage they were fully entitled to recover.

Contact me today to schedule your free review.

James H. Bushart, Licensed Missouri Public Adjuster — MO License #8207067
📞 314-803-2167
🌐 missouripublicadjuster.org

The claim was for damage to an asbestos tile roof.

How a Missouri homeowner’s insurance company tried to treat a hazmat project like a routine repair — and why the appraisal process changed everything.

On March 31, 2023, a hailstorm moved through a small Missouri river town. My clients — a retired couple who had owned their home for decades — took a direct hit and filed a claim. What followed was nearly two years of documentation, negotiation, a formal appraisal, and ultimately a fight over a question the insurance company did not want answered: What happens when a hail-damaged roof is made of asbestos?

The Initial Offer: $9,957.52

When the insurer’s independent adjuster inspected the property, he produced an estimate for $9,957.52 in replacement cost value — enough to repair a small patch of a 76-square concrete tile roof. After the deductible and depreciation, the first check to my clients was $5,627.85.

The problem? The home’s roof covering — roughly 7,550 square feet of molded concrete tiles — had tested positive for asbestos-containing material (ACM). Under Missouri Department of Natural Resources regulations (PUB2157) and OSHA standards, once a renovation project disturbs more than 160 square feet of regulated ACM, all of the material must be removed by a licensed asbestos abatement contractor. You cannot send a roofer up to swap out a handful of hail-damaged tiles when the entire roof is an asbestos hazard. The law doesn’t allow it.

The insurer’s estimate treated this like a standard hail claim on a standard roof. It was neither.

Building the Case

After I was retained, I documented the full scope of the loss and brought in a qualified contractor with asbestos abatement experience to assess what restoration actually required. Their findings were straightforward from a regulatory standpoint: the entire 7,550 SF of asbestos-containing roofing material had to come off — properly abated, properly disposed of, and properly replaced — in compliance with OSHA, EPA, and Missouri DNR requirements.

I also commissioned an engineering report to document the condition and extent of damage across the roof’s 12 distinct planes, and obtained the Missouri DNR’s published guidance confirming the threshold rules. My clients’ roof exceeded the 160 SF regulatory trigger by a factor of nearly 50.

Asbestos disposal, I should note, is not handled like ordinary debris. It must be transported by a registered abatement contractor, removed in cubic yard measurements rather than weight, and disposed of at an approved hazardous waste facility. No standard dumpster, no standard dump fee. The cost structure is entirely different — and the insurer’s estimate reflected none of it.

The Insurer’s Response: Limit, Delay, Dispute

By March 2024 — nearly a year after the loss — the insurance company had revised their estimate upward to $59,804.31, adding line items for valley flashing, gutters, chimney flashing, and some asbestos-related PPE. They also issued a supplemental payment of $16,697.97. Progress, but still a fraction of the actual cost to restore the property.

The insurer then retained outside counsel, who sent a letter acknowledging my appraisal demand while simultaneously attempting to gut the appraisal’s scope. The letter expressly declared that the appraisal process would not include:

1. The scope of damage to the concrete roofing tiles
2. Whether all tiles sustained damage
3. Whether full replacement was necessary due to asbestos
4. Whether the insurer was required to pay for undamaged tiles

In other words, they wanted an appraisal that excluded the very heart of the dispute. Their threat: if I wouldn’t agree to their limited scope, they’d seek a court order defining the appraisal’s boundaries.

I proceeded.

The Appraisal

A qualified public insurance appraiser served as the insured’s appraiser. The insurance company appointed their own appraiser, with an umpire standing by. The appraisal estimate — built on the actual scope of work required by law — totaled $230,999.69 in replacement cost value, with an ACV of $213,559.49. It accounted for:

• Full tear-off of 76.5 squares of asbestos tile (~215 labor hours)
• Hazardous waste disposal (asbestos waste priced per cubic yard, not weight — standard 40-yard dumpsters cannot be used)
• Extensive scaffolding for a multi-story, multi-plane structure (557 sections)
• Fiber cement composite slate-style replacement roofing
• All flashings, ice and water barrier, felt, drip edge, and related components
• Personal protective equipment and project supervision throughout abatement

On August 6–8, 2024, the appraisal award was signed by both the insured’s appraiser and the insurance company’s own appraiser — no umpire signature needed. The agreed replacement cost: $230,999.69. The agreed ACV: $213,559.49.

The contractor’s final invoice matched the appraisal award exactly.

In January 2025 — nearly two years after the storm — the insurer issued its final payment of $51,280.47 in recoverable depreciation. My clients’ home was restored.

The Numbers, In Summary

What This Claim Teaches Us

Older homes with specialty roofing materials are a category of their own. Asbestos-containing concrete tiles were commonly used in residential construction through the 1980s. When hail damages them, the insurer’s instinct is often to treat it like any other hail claim. It isn’t. The regulatory environment transforms what looks like a routine repair into a full hazmat project.

The appraisal process works — even when the insurer tries to limit it. The attempt to carve out the core coverage question didn’t prevent the appraisal from reaching the right number. Both appraisers — including the insurer’s own — agreed on a figure that was more than 23 times the original estimate.

Documentation is everything. The state DNR guidance, the contractor’s detailed scope, the engineering report, the disposal bids — each piece built the case that a partial repair was not legally possible and not what the policy’s promise of restoration required.

My clients’ home has been restored. The asbestos has been properly abated and disposed of, and a new roof has taken its place. That’s what insurance is supposed to do.

James H. Bushart, Licensed Missouri Public Adjuster
MO License #8207067 | SCLA | NAPIA
314-803-2167 | missouripublicadjuster.org

Not always the final answer.

A denial letter from your insurance company feels final. It’s designed to.

The formal language, the policy citations, the references to exclusions you may never have read — it all signals that the decision has been made, the case is closed, and further discussion is not expected.

But here’s what too many business owners don’t know: a denial is not the end of the road. It’s often the beginning of a negotiation that the insurer is hoping you won’t pursue.

Why Claims Get Denied — and Why the Reason Matters

Commercial property claims get denied for a wide range of reasons, and not all of them are equally legitimate. Understanding the category of denial you’re dealing with is the first step in determining your options.

Coverage denials are based on the insurer’s position that the cause of loss isn’t covered under your policy. The most common examples involve disputes over whether damage resulted from a covered peril (like wind or fire) versus an excluded one (like flooding or “earth movement”). These denials often hinge on specific facts and interpretation of policy language — and they are frequently disputable.

Documentation denials happen when the insurer claims you haven’t sufficiently proved the extent of your loss. These are often correctable with better evidence: photographs, contractor estimates, financial records, and professional assessments.

Late reporting denials occur when the insurer argues you didn’t report your loss within the required timeframe. These can be complex, but courts have often found that insurers must demonstrate actual prejudice — not just a technical delay — before voiding coverage on these grounds.

Misrepresentation denials allege that you provided false or inaccurate information on your application or during the claims process. These are the most serious and typically require legal involvement.

Each denial type requires a different response strategy. Treating them all the same — either by accepting the denial or by simply appealing without a clear approach — rarely produces results.

Supplemental Claims Are Not Optional — They’re Your Right

Many business owners accept a partial settlement, begin repairs, and then discover mid-construction that the damage was more extensive than the original estimate captured. At that point, they assume it’s too late.

It’s not.

A supplemental claim is a legitimate continuation of your original claim for damages that were missed, underestimated, or discovered after the initial settlement was reached. As long as you’re within your policy’s applicable timeframes, you have every right to file a supplement.

Supplements are common — they’re a normal part of the commercial claims process. Contractors regularly uncover additional damage once walls come down, roofing is removed, or remediation reveals hidden deterioration. Documenting this damage promptly and submitting a well-supported supplement is not being difficult; it’s holding your insurer to the terms of your contract.

What to Do When You Receive a Denial

If your commercial property claim has been denied or you’ve received a settlement offer that doesn’t reflect your actual loss, here is a practical starting point:

First, review the denial letter closely with your insurance policy open before you. Missouri requires your insurance provider to provide you with the policy language used by them to deny your claim. Read how it is cited in the denial letter, compare that language to what the policy actually says, and review the facts of your claim to determine if the selected language is consistent with them.

Second, have your policy reviewed by someone who reads these documents professionally. Policy language is not plain English, and coverage often exists in places neither you nor the insurer initially identified. A licensed public adjuster or attorney can help.

Third, act quickly. Evidence of damage and proof of its cause can diminish with the passage of time. Proving the amount of damage and insurance coverage is the duty of the policyholder, not the insurer. 

The denial isn’t the verdict. But the clock is running.

James H. Bushart, Licensed Missouri Public Adjuster
MO License #8207067 | SCLA | NAPIA
314-803-2167 | missouripublicadjuster.org

When a Missouri homeowner files a property damage claim, the conversation almost always arrives at the same point: the insurance company presents an estimate from their estimating software and treats that number as the settlement. Many policyholders accept it, believing they have no choice. That belief is wrong — and it may be costing Missouri homeowners thousands of dollars on every claim.

What the Policy Says

Most homeowner insurance policies are written as indemnity contracts. The insurer’s obligation is to restore the insured property to its pre-loss condition — not to whatever a software program estimates, and not to a regional database average. The policy does not say the insurance company gets to decide how much restoration should cost. It says the policyholder is entitled to the cost of actual restoration. Those are two very different things.

The Policyholder’s Burden

The policy imposes the burden of proof on the insured. You must document the damage, establish the scope of repairs, and substantiate the cost. A policyholder who disputes the insurance company’s number without supporting documentation is unlikely to prevail.

But the burden cuts both ways. Once the policyholder presents credible, documented evidence of the actual cost to restore the property — through contractor estimates, material invoices, or expert evaluation — the insurance company cannot simply ignore that evidence and retreat to their software output. The policy obligates them to pay the actual cost of restoration. If they refuse, they are not meeting their contractual obligation.

Where the Software Problem Begins

Most insurance companies use estimating software that draws on regional databases of labor rates and material costs to generate repair estimates. Used correctly, these are a reasonable starting point. The problem arises when insurers treat the software figure as a ceiling — a maximum payment regardless of what a licensed contractor actually charges. When real bids exceed the software output, policyholders are told that reality is wrong and the computer is right. That position is not defensible under the policy.

A Problem the Insurance Companies Don’t Advertise

The major estimating software platforms are licensed products. Insurance companies use them under agreements with the software developers that define how they may be used. Estimating software is designed and licensed as a tool to help determine repair scope and cost — not as a contractual ceiling on what an insurer will pay.

When an insurance company uses the software as a payment cap, refusing to pay actual costs that exceed the software’s output, they may be using that product in a manner that contradicts the terms of their license agreement. This is a recognized issue in the insurance claims industry and has been the subject of litigation and regulatory scrutiny.

What This Means for Missouri Policyholders

If your insurer has told you that your settlement is limited to their software estimate, understand two things. First, that number is not necessarily what your policy entitles you to. Second, the insurer’s use of that number as a ceiling may not be consistent with either the policy they issued or the terms under which they are permitted to use the software.

The measure of your settlement is the actual, documented cost to restore your property to its pre-loss condition. That is what you paid for. That is what the contract requires. If the software printout doesn’t get you there, it is not the final word.

James H. Bushart, Licensed Missouri Public Adjuster
MO License #8207067 | SCLA | NAPIA
314-803-2167 | missouripublicadjuster.org

Welcome to Kansas City, Missouri

Kansas City sees severe storm activity every year — hail, high winds, tornadoes, and flooding that cause major property damage. When your insurance settlement doesn’t cover what it should, I can help.

I’m James H. Bushart, a licensed Missouri public adjuster serving Kansas City and the surrounding metro. I represent policyholders — not insurance companies.

Free KC area claim review: 314-803-2167

Who I Represent

Kansas City homeowners and commercial property owners whose claims have been denied, underpaid, or disputed after storm, hail, fire, water, or wind damage. If the insurer has offered less than your policy entitles you to, that number is not final.

What I Do

I review your policy, independently inspect all damage, document what the insurance company missed, and negotiate on your behalf. SCLA designation. NAPIA member. Missouri-licensed since 2012. I’ve handled disputes with Allstate, Nationwide, State Farm, Columbia Insurance, and others.

No Fee Unless I Recover More

Contingency basis — you owe nothing unless I recover more than the insurer’s offer. See all areas served: Missouri Coverage Areas.

James H. Bushart, Licensed Missouri Public Adjuster
MO License #8207067 | SCLA | NAPIA | 314-803-2167
missouripublicadjuster.org