Texas Law Separating Roofing Contractors and Insurance Adjusters
Texas has a clear rule: the person fixing your roof is not the person who should negotiate your insurance claim. State law separates roofing contractors from insurance adjusters to prevent conflicts of interest and protect homeowners.
This law has been in place since 2013, but many property owners still do not realize what contractors and adjusters are allowed to do.
Why Texas Separated Roofers and Adjusters
After big hail and wind events, some roofers started presenting themselves as “insurance claim experts” or quasi–public adjusters as a way to land jobs. They promised to “work the claim,” “fight the insurance company,” or “get your roof for free.”
Lawmakers responded with House Bill 1183, which added Sections 4101.251 and 4102.163 to the Texas Insurance Code. These sections draw a bright line between roofing work and claim adjusting. The goal is simple: keep the person who profits from the repair from controlling the claim decision.
What the Law Actually Says
Under Texas Insurance Code §§4101.251 and 4102.163:
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An insurance adjuster may not adjust a roofing loss if they are also a roofing contractor or have a financial interest in a roofing business. Texas Legislature Online
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A roofing contractor may not act as an adjuster or public adjuster on any property where they are providing or may provide roofing services. Texas Legislature Online
In plain English, a roofer cannot legally:
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Negotiate your settlement with the insurance company
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Present themselves as your public adjuster
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Advertise that they will “handle the claim” or “negotiate with your carrier” on your behalf
The Texas Department of Insurance has issued multiple bulletins reminding contractors and adjusters of these limits. Merlin Law Group+1
What Roofing Contractors Can Still Do
This separation does not mean contractors must stay silent. A reputable roofing company can still:
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Inspect your roof and document storm damage with photos and measurements
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Provide a detailed written estimate for repair or replacement
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Explain the estimate to you and to your adjuster
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Point out code items, ventilation needs, and roofing details that should be included in the scope
At that point, the adjuster decides what the policy will pay. Your contractor focuses on the construction, not on claiming to “work the inside” of the insurance process.
If you want more background on deductibles and claim rules, see our pages on Texas laws on insurance fraud and FAQ – roof replacement with insurance.
Red Flags to Watch for After a Storm
When a contractor crosses the line into adjusting, you are the one who can get caught in the middle. Watch for:
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“We’ll handle the whole claim for you”
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“We’ll negotiate with your insurance company and get you more money”
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Contracts that give the roofer authority to speak to the insurance company on your behalf
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Requests to sign over all or part of the claim proceeds
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Promises to “eat your deductible” or “get you a free roof”
Many of those tactics also bump into Texas insurance fraud rules and deductible laws. You can read more on our Integrity of Your Contractor page and our article on No Insurance Deductible Roofing.
If something feels off, it probably is. In Texas you can always contact the Texas Department of Insurance to report questionable activity or verify your rights. Texas Department of Insurance+1
How Bert Roofing Handles Insurance Claims
Bert Roofing has been working with insurance claims in the Dallas area since 1988. We know the process, but we stay within the law.
Here is what we do:
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Inspect the roof and document damage
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Use tools like Xactimate construction pricing software so our estimates speak the same language as most adjusters
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Provide a clear, detailed scope of work for your roof, ventilation, and related items
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Meet with your adjuster on-site when needed to review the damage and answer technical questions
Here is what we do not do:
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We do not act as your public adjuster
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We do not negotiate the claim amount with your carrier
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We do not promise “free roofs,” “covered deductibles,” or inflated invoices
Our role is to build the roof correctly and ethically, then stand behind our work. For more on how we approach honesty and compliance, see The Integrity of Your Contractor.
What Homeowners Should Do After a Storm
If you suspect roof damage:
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Call your insurance company
File the claim and get a claim number. The carrier will assign an adjuster to inspect the damage. -
Contact a reputable local roofing contractor
Choose a company with a long track record in Dallas, strong reviews, and proper licensing like an R.C.A.T. licensed roofing contractor (Bert Roofing is License #03-0219). -
Compare the adjuster’s scope and the roofer’s estimate
Some differences are normal and get resolved through documentation and discussion. Your contractor can explain roofing details. The adjuster decides what the policy will pay. -
Avoid shortcuts that risk fraud
If anyone offers to “work the numbers” on your deductible or submit a fake invoice, walk away. You can learn more on our Texas Laws on Insurance Fraud page.
Need a Dallas Roofing Contractor Who Respects the Law?
The separation between contractors and adjusters is not just a legal technicality. It protects you from conflicts of interest and from contractors who try to play both sides of the transaction.
If you need a roof inspection, repair, or full replacement in the Dallas–Fort Worth area, Bert Roofing is ready to help. We stay inside the rules, focus on your roof, and provide clear, detailed estimates that work smoothly with the insurance process.
Contact Bert Roofing today to schedule an inspection or request a roofing estimate.
Reference (for you, not to paste into the blog):
Texas Insurance Code §§4101.251 and 4102.163 and House Bill 1183 establish the dual-capacity prohibition for roofers and adjusters. Texas Legislature Online+1
TDI and legal summaries further explain enforcement and related bulletins. Merlin Law Group+2Property Insurance Coverage Law Blog+2