In Florida, roofers and other repair professionals have been able to be signed on to essentially manage claims for the policyholder often times through what is known as assignment of benefits (AOB). The result? Inflated claims and heightened volumes of lawsuits that have driven up insurance companies’ legal costs thus increasing monthly premiums for homeowners.
New regulations mean that roofing contractors can no longer solicit property damage claims, or risk a $10,000 fine for each violation. Our public adjusters discuss how this impacts roofers and homeowners in Tampa Bay.
It is estimated that Florida’s auto and homeowner’s policyholders have paid about $2.5 billion more for insurance over the past 12 years to cover the increase in legal costs triggered by AOB lawsuits.
Senate Bill 76
Home insurance rates across Florida are skyrocketing, and insurance experts blame unscrupulous roofers who canvass Florida neighborhoods—often after storms—promising new roofs if the owner of the home agrees to a specific assignment of benefits, which often leads to legal disputes between insurance companies.
Provisions of the Bill
In its key provisions, Senate Bill 76:
Replaces the one-way attorney fee statute to make the recovery of attorney fees and costs dependent on obtaining a judgment for indemnity that exceeds the pre-suit offer made by the insurer.
Reduces the claims deadline on all claims from three years to two from the date of loss, aside from supplemental claims which can have an additional year.
Requires plaintiffs to file a pre-suit demand a minimum of at least 10 days before filing a lawsuit against an insurer that includes an estimate of the demand, the attorney fees, and costs demanded and the amount in dispute; disallows pre-suit notices to be filed before the insurer can decide coverage; and allows an insurer to demand mediation or another form of alternative dispute resolution after receiving notice.
Get the fairest settlement you can to repair your home or business! Lean on Liberty Adjusters. Call 813-922-5129 to place a property damage claim today!
How Does This Bill Affect Homeowners?
Though this bill has passed, opponents of the bill said that legislation like this threatens to disenfranchise homeowners who have been paying their insurance premiums for years.
If your insurance company has denied your roof damage claim, we can help. Call Liberty Insurance Adjusters at 813-922-5129 to speak with a public adjuster.
How Does This Bill Affect Roofers?
The bill makes several changes that focus on what insurers claims had been an explosion of roofing claims and litigation, ultimately making it illegal for roofing contractors to solicit claims through email, phone calls, etc. Offering anything of value for performing a roof inspection, or an offer to interpret an insurance claim, file a claim, or adjust a claim on a homeowner’s behalf is prohibited.
Further, roofers are prohibited from providing repairs for homeowners without a contract that details the costs of labor and materials to complete the repairs.
Sometimes a roofing contractor will attempt to help homeowners after a disaster by offering to assist in placing their insurance claim. If they do so, they are engaging in an illegal practice of public adjusting without being properly licensed (knowingly or unknowingly.)
A contractor may discuss or explain a bid for repair with a homeowner who has suffered damage that is covered by an insurance policy, but only if doing so for the usual fees applicable to the work that is to be performed as stated on the contract.
Violations of the above could result in a $10,000 fine.
Public Adjusters for Roof Damage Claims
Only a licensed public adjuster can help you with your claim. A public adjuster:
Prepares, completes, and files an insurance claim form for an insured
Works on behalf of an insured in negotiating for the settlement of a claim
Advertises or solicits as an adjuster of such claims
If you are acting as a public adjuster, but are not licensed as such, you could be charged with a third-degree felony as outlined in Section 626.8738, Florida Statutes.
Further, a public adjuster may not do both public adjusting and construction work on the same property as this is considered a conflict of interest.
Place a Property Claim with Confidence
While experts in roofing and repairs, contractors aren’t the best to manage your insurance claim. If you are filing an insurance claim due to roof damage to your home or business in Tampa Bay, you need a licensed claim professional on your side. Our public claims adjusters can manage all aspects of the claim and recommend reputable roofing companies to make things right.
Get justice for your claim with Liberty Insurance Adjusters! We will help you get the settlement that you deserve and will represent your best interest with your property damage insurance claim. Call 813-922-5129 or submit a claim online today!