[quote=“rooferama”]I agree with Authentic Dad.
The state of Texas sent out a memo to my office and I assume since it was a form letter, most every other Roofing, Siding, Remodeling company…etc… in the state. Cutting to the chase, it was a warning for listing anything that represented the company as being an insurance claim specialist or similar.
This letter was followed up with a curt call from the Texas Department of Insurance. It was to threaten us about a line on our website that said, we will meet with your adjuster to see that you receive a fair claim. Ok, I understand, but that line was buried in one of our outdated pages from 1997 that no one even knew existed. They sure found it. We removed it. We were then told that when meeting an adjuster, we were not to discuss money. We could point out damage, submit our appraisal, but not to discuss cost because we are not the insured. If we act as an adjuster for the HO, then we are to be licensed. If we act as the licensed adjuster, we cannot legally participate in the project.
Texas has some new points that surfaced during the past summer.
***nsurers cannot utilize roofers as de facto public insurance adjusters nor provide commissions to them in the form of direct or indirect payments or rebates that are in excess of amounts owed under the policy.
Insurance claims managers should take this warning to heart when developing internal claims guidelines. Insurance company and independent adjusters should not encourage illegal conduct by negotiating claims with roofers or insurance restoration contractors. At the same time, it is important for those same insurance adjusters to fully investigate claims and carefully consider roofers’ and contractors’ professional estimates and opinions. Legitimate contractors have expertise that can aid all adjusters in arriving at accurate estimates of loss.
The distinction between negotiating a loss and seeking information might be fine, but it is legally significant. The policyholder, not the contractor, has the right to negotiate the insurance claim. A roofing contractor cannot determine the rights and benefits owed to a policyholder. In fact, roofers and contractors who interpret policy language and negotiate policy benefits are acting illegally. These bulletins should be taken seriously because continued illegal activities could lead to significant civil and criminal penalties. ***
Too bad TDI isn’t doing much of anything to resolve the root cause problem, that is, all the bad faith claim practice going on. The Contractor shouldn’t have to discuss price and wouldn’t have to if the claims were scoped properly. Just more crooks sucking up our tax dollars and then jamming up our behinds. Pathetic. I can’t believe CatCONtractor hasn’t done an eight page cut and paste post on this thread. LOL[/quote]