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Why Contractors MUST Collect an Insurance Deductible

Why Contractors MUST Collect an Insurance Deductible

In 2019 the Texas Legislature decided to intervene in the long-standing practice of insureds not paying their deductibles on hail and other nature disaster claims by passing HB 2102, updating Section 27.02 of the Texas Business & Commerce Code to require payment of insurance deductibles. It is now a felony for Contractors NOT to collect an insurance deductible, and fraud and a breach of the insured’s contract not to pay the deductible required of them in their insurance policy. 

Be wary of any contractor who offers to cover your deductible. If your contractor is willing to break the law by not collecting a deductible, what else are they willing to do to cover that loss?  What repair items are they leaving off in order to cover the deductible? Are they reusing felt or soft metals? Are they downgrading the quality of the shingles? Don’t risk your most important investment – your home! 

 

By: Karen Ensley

Ensley Benitez Law, PC

karen@eblawtexas.com

817-538-6894

Proud supporter of RCAT and NTRCA