A: Texas Insurance Code §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. Contractors can provide estimates and discussing estimates or other technical information with an insurer or its adjuster. While roofers and construction contractors can still provide valuable services both in identifying physical damage and building failures and in completing construction projects, when it comes to insurance claim negotiation and coverage evaluation, Texas law is clear and insurer’s adjusters know the law so it’s best to leave settling claims to the licensed professionals at ICRS.
UPPA laws were first introduced in Texas in 2013 and became part of the Texas Insurance Code under section 4102.163. However, the statue was only aimed at “roofing contractors” and wasn’t specific enough to include any other type of contractor in the state. Over the past few years, UPPA has expanded into several other trades outside of roofing – particularly water remediation and flooding. In an effort to protect policyholders, the Texas legislature has expanded UPPA using HB2103.
HB2103 deletes the word “roofing” from the statue – now includes all contractors new language is added to the statute clarifying that a contractor cannot use an assignment of benefits or power of attorney form.