Contractors might have to stop calling themselves ‘insurance claims specialists' under new proposal
(Photo credit: Wes Muller/Louisiana Illuminator)
Louisiana lawmakers have watered down a proposal that restricts how roofers and contractors can market services that help homeowners with their insurance claims.
House Bill 121, sponsored by Rep. Roy Daryl Adams, D-Jackson, would limit both trades from saying they provide insurance claim services. The legislation also prohibits public adjusters from performing construction work in connection with the claims they handle.
Adams' bill cleared the House in a 96-0 vote Tuesday without debate. His proposal is one of dozens filed, with the backing of insurance companies, that seek to lower homeowner's policy premiums in the state.
The measure, as amended on the House floor, would prohibit residential construction contractors from advertising or soliciting work as 'insurance claims specialists,' a term that sometimes appears in their advertisements.
In an April 23 hearing of the House Committee on Insurance, Adams said he hopes his measure will stop contractors from going door-to-door after storms to talk homeowners into filing insurance claims for roof work.
The original version of the bill would have prohibited roofing contractors from assisting customers with their homeowner insurance claims. It also would have ended the use of contingency contracts, in which roofers agree to perform work only if the homeowner's insurance company approves their claim.
Roofers could be banned from helping customers with insurance claims
However, several roofers who testified against that iteration of the bill raised concerns that it could make it illegal to provide many of their routine services, such as communicating with insurance companies. Some customers want help dealing with their insurance companies and look to contractors to provide second opinions on an insurance company's damage assessments, Josh Lovell with Gator Roofing in Baton Rouge told lawmakers.
Lovell told the committee he would be afraid to even say the word 'insurance' in the presence of a customer if Adams' bill became law.
Some lawmakers have argued the proposal is necessary to prevent contractors from doing the work of public adjusters, who are independent claims assessors policyholders can hire for a fee to represent their interests. They are distinct from adjusters who work on behalf of insurance companies.
After hearing roofers' concerns, Adams amended his bill to remove many of its restrictions and applied the prohibitions specifically to advertising and soliciting. At the same time, the amendment expanded the measure to apply to all residential contractors — not just roofers.
When asked about the proposal Tuesday, Louisiana Home Builders Association lobbyist Michelle Shirley said her organization has taken a neutral position on Adams' bill.
The other goal of the legislation is to prevent conflicts of interest for public adjusters who are also residential contractors. It would prohibit them from doing any kind work related to the insurance claims they handle. In short, they would no longer be able to adjust an insurance claim and then pay themselves to do the repair work for that claim.
Adams' proposal is now pending in the Senate.
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