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@matthewsharpe4759
@matthewsharpe4759 Жыл бұрын
If the contractor has taken over financial responsibility for the claim, then the contractor can speak on their own behalf to defend themselves = free speach.
@michaeldorsett3969
@michaeldorsett3969 2 жыл бұрын
TDI has created this problem by allowing the Insurer's representative to villainize contractors and /or the Insured’s experts to be ignored for their intrinsic value and position in the claim process. By allowing this method of claims handling to occur, the door was wide open for the Insurer’s adjusters to violate Texas Insurance Code 4101.001 (A) which states; “investigates or adjusts losses on behalf of an insurer as an independent contractor or as an employee of:”. Nowhere does TX Ins Code 4101.001 (A) give authority to an adjuster to manufacture estimate or evidence and submit their manufactured evidence to the Insurer. Which is a violation of TX Penal Code, Title 7 Chapter 35, Sec 35.02 Insurance Fraud. Why wouldn’t Stonewater Roofing, Ltd? Not have the right to assume that they could act as the Insured’s representative in some made-up form or capacity while the Insurer’s representative “Adjuster” is committing Fraud right at the start of the claims handling process. Insurers have sent a message loud and clear that rules don’t apply regardless of laws, codes, or the court's ruling. TDI has now put the Insured at risk of litigation and loss by allowing insurance adjusters to manufacture estimates and called them fact simply because they know how to use an estimating program. The indictment of this statement is simple. How many Insurance Lawsuits have been filed in the 254 Counties, District Courts? Yet the insurance adjuster will not be performing the repairs purchasing materials or managing the reconstruction nor taking responsibility or accountability for the shortcoming of their manufactured evidence submitted to the Insurer as fact and nor will they be prosecuted for their fraudulent acts by any level of the governing process. Yet the adjuster gets to dictate what will be paid on the loss which is 90% of the time short of the funds necessary to perform the repairs, forcing the Insured to seek whatever means they can to get righteousness to their loss that was represented to them as being covered in the two-party contract called a “Policy”. This argument is simply TDI's failure to govern and implement sound claims handling procedures that effectuate a claim loss settlement in less than 60 days and further create stupid Cases to waste more of the Courts time on ridiculous disputes of power and lanes of authority. The Insurer's representatives commit Fraud in every property insurance claim loss they handle merely because they believe that there is language in the policy that allows them to dictate and be narcissists in the majority of property claims they handle, thanks to TDI. Being both an All Lines Adjuster and converting to a Public Insurance Adjuster, I do not see the value to the Insured of having the Texas Department of Insurance nor the State BAR of Texas. Neither of the agencies serves value or protection to the Insured and should be “Sunset” immediately. Maybe some lawyer, judge, or politician needs to look up the definition of “Republic”.