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Showing posts with label Covering Insurance Deductibles is ILLEGAL. Show all posts
Showing posts with label Covering Insurance Deductibles is ILLEGAL. Show all posts
If someone proposes that you "make money" or "not pay your full deductible" on the roof installation and/or property claim with a contract price of $1,000.00 or greater, this is INSURANCE FRAUD, and the property owner and insured along with roofing contractor are subject to jail time and fines. "Waiving Deductibles", "Absorbing Deductibles", "Discounting Deductibles", "Rebates", "Credits", "Offsets", "Sign Allowances" or any form of avoiding monetary payment of the required insurance deductible. It's all illegal. See our video on YouTube here:
H.B. No. 2102
AN ACT
relating to the payment of insurance deductibles related to
property insurance policies; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 5, Insurance Code, is amended
by adding Chapter 707 to read as follows:
CHAPTER 707. PAYMENT OF INSURANCE DEDUCTIBLE
Sec. 707.001. DEFINITIONS. In this chapter:
(1)"Person" means an individual, corporation,
association, partnership, limited liability company, or other
legal entity.
(2)"Property insurance policy" means an insurance
policy issued by an insurer, including a county mutual insurance
the company, farm mutual insurance company, Lloyd's plan, or reciprocal
or inter-insurance exchange, that provides first-party coverage for
loss of or damage to real property.
Sec.707.002.PAYMENT OF DEDUCTIBLE REQUIRED. A person
insured under a property insurance policy shall pay any deductible
applicable to a first-party claim made under the policy.
Sec.707.003.CONSUMER EDUCATION. The department, in
coordination with other state agencies and stakeholders as
necessary, shall develop and implement an education program related
to the payment of property insurance policy deductibles. The
program must:
(1)provide reasonable methods to educate insurance
consumers and providers of goods or services that are regularly
paid for from proceeds of property insurance claims; and
(2) include information regarding:
(A)the requirements of this chapter and Section
27.02, Business & Commerce Code; and
(B)the conduct prohibited by Section 27.02,
Business & Commerce Code.
Sec.707.004.REASONABLE PROOF OF PAYMENT. An insurer that
issues a property insurance policy with replacement cost coverage
may refuse to pay a claim for withheld recoverable depreciation or a
replacement cost holdback under the policy until the insurer
receives reasonable proof of payment by the policyholder of any
deductible applicable to the claim. Reasonable proof of payment
includes a canceled check, money order receipt, credit card
the statement, or copy of an executed installment plan contract or
other financing arrangement that requires full payment of the
deductible over time.
Sec.707.005.RULEMAKING. The commissioner may adopt rules
as necessary to implement this chapter. Section 2001.0045,
Government Code does not apply to rules adopted under this
section.
Industry Professionals Merlin Law Group explain the truth about the insurance claims process.
Texas Insurance Code 707.002
"Texas Law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Texas law for a person or business paid wholly or partly from proceeds of a property insurance claim to knowingly allow the policyholder to fail to pay, or assist the policyholder's failure to pay, the applicable insurance deductible."
The new statute gives insurance companies and the State two ways to enforce these requirements.
FIRST - Insurance companies may now "refuse to pay a claim for replacement cost value" until the contractor handling the claim provides proof of payment of the deductible (Texas Insurance Code 707.005)
SECOND – On the surface, its a Class A Misdemeanor to violate in accordance with 707.005; both the service provider and the insured are subject to violations. (Texas Insurance Code 707.006) Insurance carriers are now working with the Attorney Generals office in charging the insured and/or Homeowners as well as, the contractor for insurance fraud a Felony in the State of Texas (Texas Penal Code: Title 7 - Offenses Against Property, Ch. 35, Insurance Fraud Sec 35.02)