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Hail Damage, Letter from TDI (Putting the Pieces Together)

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By Debbie Vallone-Homeier, A Paragon Builders / Vallone Real Estate

As I continue to find things to make you aware of, this was sent to us and I felt it was necessary to share. As we experienced hail recently, adjusters and roofers are not the same. If you did get hail (or one day in the future get hail) call your insurance company first. Your insurance company will send out an adjuster. The adjuster will then present your insurance company back with damages and estimates for repair. Some have a preferred list of roofers, windows/glass, siding, etc. vendors to use, others will tell you what credit they will give you, and some will allow you to get vendors to give you an estimate. BUT, you must start with the insurance company and their adjuster. You can NOT use an adjuster that is on staff at a roofing company or another vendor. Below is the notification we received. Please read it. Call the number for TDI if you have questions or concerns.

Texas Department of Insurance - COMMISSIONER’S BULLETIN #B-0014-14

HB 1183 does not change existing prohibitions in Texas Insurance Code, Chapters 4101 or 4102, but it adds §4101.251 and §4102.163.

Section 4101.251 prohibits licensed adjusters from adjusting a loss related to roofing damage on behalf of an insurer if the adjuster is a roofing contractor or otherwise provides roofing services or roofing products for compensation, or is a controlling person in a roofing-related business. The section also prohibits a roofing contractor from acting as an adjuster or advertising to adjust claims for any property for which the roofing contractor is providing or may provide roofing services, regardless of whether the contractor holds a license under this chapter.

Section 4102.163 prohibits a roofing contractor from acting as a public adjuster or advertising to adjust claims for any property for which the contractor is providing or may provide roofing services, regardless of whether the contractor holds a license under this chapter.

While not contained in HB 1183, public insurance adjusters are prohibited from participating directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the license holder. Texas Insurance Code §4102.158.

The department will investigate written complaints of persons violating the Insurance Code and notes that violating Insurance Code Chapters 4101 and 4102 may result in criminal penalties and license denial, suspension, or revocation. In addition, violating Chapter 4102 may result in fines.

If you have any questions regarding this bulletin, please contact Jamie Walker by email at jamie.walker@tdi.texas.gov, or by telephone at 512-305-6797. You can find this article and other information on the Texas Department of Insurance: http://www.tdi.texas.gov/Bulletins/2014/cc13.html

Now days, we have to beware of so many things. With the Internet, we can research and learn to protect ourselves. As for construction, I will continue to forward or talk about things of interest. There are many good General Contractors and Trades, you just have to search them out and get references. But, there’s a lot of scammers out there too. Again, do your homework, and protect yourself.

For ALL Your Real Estate and Building needs or questions, call Debbie at (830) 833-4249 / (713)818-6658 or debbie@vallonerealestate.net

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