October 2021 Legislative Updates

The Legislative Committee, NAIIA’s newest member committee, is hard at work keeping our members and board updated on legislation happening across the country. Read the below for the latest summaries from different states:

FLORIDA UPDATE: FL SB 76 Makes several changesTo tackle what insurers claim has been an explosion of roofing claims and litigation, including making it illegal for roofing contractors or any person acting on their behalf to make a “prohibited advertisement,” including an electronic communication, phone call, or document that solicits a claim. Offering anything of value for performing a roof inspection, an offer to interpret an insurance policy or file a claim or adjust the claim on the insured’s behalf will also be prohibited. Additionally, contractors are prohibited from providing repairs for an insured without a contract that includes a detailed cost estimate of the labor and materials required to complete the repairs. Violations could result in fines of $10,000. Read more about this bill here.

ILLINOIS UPDATE: IL HB 0240 Amends the Illinois Insurance CodeProvides that a public adjuster shall ensure that a contract between a public adjuster and insured contains the email address of the public adjuster. Provides that a public adjuster shall provide the insurer with an exact copy of the contract with the insured by email within 2 business days after execution of the contract. Provides that a public adjuster shall not provide services until a written contract with the insured has been executed, and an exact copy of the contract has been provided to the insurer. Provides that, at the option of an insured, any contract between a public adjuster and the insured shall be voidable for 5 business days after the copy of the contract has been received by the insurer. Provides that the insured may void the contract by notifying the public adjuster in writing by sending an email to the email address shown on the contract. Repeals the Public Insurance Adjusters and Registered Firms Article of the Illinois Insurance Code. Effective immediately.

LOUISIANA UPDATE: LHB591 and HB 547 2021 Insurance Reform
These bills were passed due to the joint effort of Mike Lindhurst (AAA), Joel Moore (NAIIA), and state Rep Gabe Firment. All parties worked tirelessly to get legislation passed that would positively affect consumers after significant disasters.

Claims adjusters can now be held accountable for bad behavior instead of shifting responsibility back to the carrier.
The new law will stop carrier adjusters from directing policyholders towards specific third parties like salvage yards or construction firms they might hold a financial interest in. This will help prevent the conflict of interest that arises and help ensure fair claim payout.

HB457 will add several new provisions regarding honesty and misrepresentation. This includes not allowing carriers or their adjusters to discourage claimants from seeking counsel.
Please note the Legislative Committee’s next zoom meeting is scheduled for October 22nd at 10:30 a.m CST. If anyone would like to participate, please contact Barry Parks at barry@hauschco.com.

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