After a storm or severe weather-related event, it is common for contractors, and especially roofers, to call or come by your business or home, offering to provide a free damage inspection. They often will make promises not only about their roofing and contractor services, but also about how they can help you deal with your insurance company and handle your insurance claim. They may promise to help by documenting your “covered” damage, meeting with your insurance adjuster, and making sure you receive all of your insurance coverage. They may provide you advertising brochures and promotional materials in which they make the same promises.

It is also common for roofers and contractors to include these same promises in a written agreement they ask you to sign. The agreement is basically designed to put them in charge of your insurance claim. The agreement will likely have you promising to pay them every dollar you receive from your insurance carrier.

They may even offer to “handle,” or to give you a partial or complete “discount” on your deductible so you will not be out of pocket any money. The line will be something like, “It will only cost you what your insurance company pays!”

Be on your guard. This is all illegal.

Roofers and other contractors cannot legally advertise or hold themselves out as being willing or able to handle your insurance claim. Nor can they actually handle your insurance claim, either by negotiating or settling it for you. And the law makes it illegal for them to “handle” your deductible so that you don’t pay the deductible your insurance policy requires you to pay.

UPPA Laws & Insurance Fraud

Texas law prohibits what’s commonly referred to as the unauthorized practice of public adjusting (UPPA). 

Make no mistake, when you file a claim under your insurance policy asking the insurance company to provide coverage and to pay for a loss or damage you have experienced, you are starting a process in which the insurance company is actually your adversary. The insurance company will be represented by licensed professionals whose job is to protect the insurance company’s interests, not your interests.

The question is: Who is legally able to take up your cause and to represent your interests on the insurance claim?

In Texas, only two professionals are licensed and legally able to assist you by bringing and handling your claim for insurance coverage against your insurance carrier: A licensed attorney and a licensed public insurance adjuster. Roofers and other contractors cannot legally provide you with that representation. It is illegal for them to hold themselves out, to advertise, or to promise that they can. It is also illegal for them to actually do so.

UPPA violations are a type of insurance fraud. Many thousands of Texans have fallen victim to this kind of insurance fraud.

Thankfully, the law provides significant protections and relief to individuals and businesses who have been the victims of a UPPA violation and this type of insurance fraud.

The Fillmore Law Firm’s Success in UPPA Cases

The Fillmore Law Firm has been on the cutting edge of the law, pioneering the application of UPPA laws against unlicensed claims adjusters, including roofers and contractors, and representing individuals and businesses injured by this illegal conduct. Our experience handling UPPA cases is unparalleled. The following are just some of the UPPA cases in which we’ve helped property owners:

• Lon Smith & Associates, Inc. v. Key, 527 S.W.3d 604 (Tex. App.—Fort Worth 2017, pet. denied) (upholding certification of class action against roofer who violated UPPA law);

• Reyelts v. Cross, 968 F. Supp. 2d 835 (N.D. Tex. 2013), aff’d, 566 Fed. Appx. 316 (5th Cir. 2014) (ordering roofer to pay damages for its illegal conduct);

• Hill v. Spracklen, 05-17-00829-CV, 2018 WL 3387452 (Tex. App.-Dallas July 12, 2018, pet. denied) (upholding judgment ordering roofer to pay damages for its illegal conduct);

• Hampton v. RKG Roofing & Construction LLC, No. 348-324418-21 (348th Dist. Ct., Tarrant County, Tex. Jan. 1, 2022) (declaring roofer’s illegal contract void and unenforceable);

• Grogan v. Tri-W Enterprises LLC, No. 1-21-0040 (439th Dist. Ct., Rockwall County, Tex. June 4, 2021) (ordering roofer to pay damages for its illegal conduct);

• Weaver v. R and R Exteriors LLC, No. 19-9580-367 (367th Dist. Ct., Denton County, Tex. Feb. 25, 2021) (ordering roofer to pay damages for its illegal conduct);

• Ayala v. R and R Exteriors LLC, No. 19-8957-362 (362nd Dist. Ct., Denton County, Tex. Jan. 28, 2021) (ordering roofer to pay damages for its illegal conduct);

• Burton v. R and R Exteriors LLC, No. 19-10692-211 (211th Dist. Ct., Denton County, Tex. Dec. 11, 2020) (ordering roofer to pay damages for its illegal conduct);

• Trejo v. R and R Exteriors LLC, No. 19-9599-211 (211th Dist. Ct., Denton County, Tex. Dec. 11, 2020) (ordering roofer to pay damages for its illegal conduct);

• Tyler Cardiovascular Consultants, P.A., v. Stonewater Roofing, Ltd. Co., No. 102934-86 (86th Dist. Ct., Kaufman County, Tex. Sept. 4, 2020) (ordering roofer to pay damages for its illegal conduct);

• Truong v. R and R Exteriors LLC, No. 19-8892-16 (16th Dist. Ct., Denton County, Tex. Feb. 7, 2020) (ordering roofer to pay damages for its illegal conduct);

• Bowers v. Hilliard, No. 141-310312-19 (141st Dist. Ct., Tarrant County, Tex. Dec. 18, 2019) (ordering roofer to pay damages for its illegal conduct);

• Blair v. R and R Exteriors LLC, No. 96-304464-18 (96th Dist. Ct., Tarrant County, Tex. July 19, 2019) (ordering roofer to pay damages for its illegal conduct);

• Blair v. R and R Exteriors LLC, No. 96-304464-18 (96th Dist. Ct., Tarrant County, Tex. June 7, 2019) (ordering roofer to pay damages for its illegal conduct);

• Spracklen v. Hill, No. 67-276646-15 (67th Dist. Ct., Tarrant County, Tex. June 3, 2016), aff’d, 2018 WL 3387452 (Tex. App.—Dallas July 12, 2018, pet. denied) (ordering roofer to pay damages for its illegal conduct);

• Spracklen v. Hill, No. 67-276646-15 (67th Dist. Ct., Tarrant County, Tex. May, 19, 2015), aff’d, 2018 WL 3387452 (Tex. App.—Dallas July 12, 2018, pet. denied) (declaring roofer’s violation of UPPA law).

If you are in a dispute with your contractor or roofer, give us a call.

And if you think your insurance company may be part of the problem, we can help you there also. We handle claims against insurance companies that wrongfully deny or delay insurance claims.

Knowledgeable, Effective Representation

For knowledgeable and effective help with roofing and contractor disputes, contact The Fillmore Law Firm today!