In recent years there has been some confusion about â€œdeductiblesâ€ and what is ok and not ok when it comes to insurance claims and deductibles. In the past and still today, homeowners are lured with promises of no deductible and basically a â€œfree roofâ€ and not informed that the contractor making the promises is preparing to commit insurance fraud and involve them. Do not be fooled, WAIVING DEDUCTIBLES IS ILLEGAL and doing business with someone who is willing to do that is probably not the best choice to install something as critical as waterproofing your biggest investment. Texas law HB2102 clearly states its intention.
The legislation went into effect September 1, 2019, so make sure you understand what is required, including new mandatory contract language which is to appear a the top of the front page in a minimum 12-point bold font that says:
â€œTexas 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 seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person â€™s failure to pay, the applicable insurance deductible.â€