There has been a lot of bloviating about the new Texas insurance law (House Bill 1183 became law last year), regarding insurance adjusters and contractors. To be blunt, the bill was focused on reducing fraud, especially with public adjusters, (and yes, some dishonest roofers). Texas has been ground zero for insurance fraud, even our former state insurance commission Eleanor Kitzman stated, "Texas has the highest rate of fraud in the roofing repair industry." Many times both property owners and contractors look at an insurance claims as "Winning the Lotto".
Anyone can read Subchapter F. Prohibited Conduct, sec. 4101 & 4102, but it's much easier to go the TDI website and under FAQ's (as printed May 2014).
12. May a licensed insurance adjuster also be a roofing contractor or provide roofing services? Yes. However, the insurance adjuster may not adjust any losses relating to roofing damage on behalf of an insurer. See Texas Insurance Code Section 4101.251(a).
13. May a licensed public insurance adjuster also be a roofing contractor or provide roofing services? Yes. However, the public insurance adjuster may not directly or indirectly participate in the reconstruction, repair, or restoration of property that is the subject of a claim adjusted by the license holder. See Texas Insurance Code Section 4102.158 (a)(1).
14. May a roofing contractor act as an insurance adjuster or a public insurance adjuster or advertise to adjust claims? Anyone acting as an insurance adjuster or a public insurance adjuster or advertising to adjust claims must hold the appropriate license issued by TDI. However, even a licensed insurance adjuster or public insurance adjuster may not act as such if the individual is providing or may provide roofing services on the subject property. See Texas Insurance Code Sections 4101.251 (b) and 4102.163.
Texas is just trying to reduce insurance fraud. Bottom Line: If you adjust a claim you can't be the contractor on that claim. You can still be a roofing professional, sell roofs, siding, shingles or even solar roof pumps! I hope this helps and reduces the risk of anyone being mistakenly thrown under a bus.
Roofguy Said: Some people go their entire career without something big happening for them. Could be bad luck, could be karma.
I don't know if you could just limit that to a career... I think it's life in general. My daughter was almost killed in a motorcycle accident, that's "something big". Some can call it bad luck... Having her survive I looked at it as good luck, (and a precious gift from God).
Yesterday, I received news that "something big" is getting ready to happen to me. You can call it good luck, karma, or several years of hard work. I guess it all depends on how you look at things. I truly believe that people make their own luck... good or bad.
Thanks Tim for the great advise- Roofing has been my longest "gig" since the 90's. I was taught at a young age, "if something stops being fun, don't do it." Call it a character flaw. I believe that variety is the spice of life! When chopping glass, foam & coating stopped being fun I sold and went into adjusting. When adjusting stops being fun I'll probably move onto something else. If my solar roof pump manufacturing company is no longer fun I'll sell and move on as well. Maybe I'll work for a manufacturing company in sales or buy a car wash, who knows?
Life to me is an exciting adventure and being an entrepreneur is a blast. When I close my eyes for the last time I'll know I did everything I ever wanted to do.
I appreciate your concerns and continued efforts to make sure all my paper work including my "change of address" is properly filed with TDI. I had a long conversation with Melissa yesterday and forwarded off the email you posted on Sunday (As well with Ann in licensing and Norma in legal). I am now really familiar with the new law and am able to help correct erroneous comments or posts when it comes to it. That's why I posted the link to help clear up any misunderstandings when it comes to the new law between adjusting and being a contractor, (and hopefully keep some from having egg on their face). And let not your heart be troubled, I'm still a licensed adjuster in Texas as well as several other states, plus a licensed and bonded roofing contractor.
As far as Karma; Everything I put in to life is coming back in ten-fold and I am very grateful to be blessed. As far as everything else you continually mention; I never felt so famous or important to be stalked like this. You should consider getting some help for this obsession of yours, (just saying). :woohoo:
Ya Tim, I think that bus is following me... most call it stalking ;) I like the insurance side and enjoy adjusting an will continue adjusting here in Texas and still be able to roof when I want. (as long as I don't roof what I adjust).
Roofguy Said: "Clarity seldom exists at TDI... That their website isn't up to speed doesn't surprise me at all..."
Roofguy is correct, their website is not up to speed. The FAQ's page http://www.helpinsure.com/home/documents/unlicensedfaq.pdf is dated way back to May of 2014. I hope this is clear enough and everyone can breathe a sign of relief and not worry about that darn bus!
theroofmedic Said: Many times both property owners and contractors look at an insurance claims as Winning the Lotto.
The law won't change a thing. It is still nothing but a racket.-- Storm chasers armed with their hail reports canvassing neighborhoods--Know nothing adjusters granting claims--And transient day-labor subs slapping on more crappy workmanship. No body cares.
Clarity over disagreement, the correct direction. B) :) :) B) Deep Down In Florida Where The Sun Shines Damn Near Every Day
To me I enjoy the roofing and the insurance business... I do both... just not at the same time! I help a lot of people being licensed adjuster and a licensed roofing contractor, plus it keeps me very busy. ;)