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ATTENTION HOMEOWNERS:

A roofing company can no longer waive your insurance deductible when providing you with a new roof or roof repair!

SB38 The Consumer Protection/Roofing Bill. Homeowners will be subjected to penalties.  

This Legislation Will be signed into law by:
GOVERNOR HICKENLOOPER AND 
BECOME EFFECTIVE ON WEDNESDAY June 6, 2012. 

TITLE 6. CONSUMER AND COMMERCIAL AFFAIRS

ARTICLE 22. ROOFING SERVICES – RESIDENTIAL PROPERTY

C.R.S.  6-22-105 (2012) --6-22-105.  

Waiver of insurance deductible prohibited.

(1) A Roofing Contractor that performs roofing work, the payment for which will be made from the proceeds of a Property and Casualty Insurance Policy issued pursuant to Part 1 Article 4 of Title 10, C.R.S., shall not advertise or promise to pay, waive or rebate all or part of any insurance deductible applicable to the claim for payment for roofing work on the covered residential property.

(2) If a Roofing Contractor violates subsection (1) of this section:

(a) The insurer to whom the property owner submitted the claim for payment for the roofing work is not obligated to consider the estimate of costs for the roofing work prepared by the roofing contractor; and

(b) The property owner whose residential property is insured under the Property and Casualty Insurance Policy or the insurer that issued the policy maybring an action against the roofing contractor in a court of competent jurisdiction to recover damages sustained by the property owner or insurer as a consequence of the violation.

(3) A roofing contractor soliciting roofing services in the state shall not claim to be or act as a public insurance adjuster adjusting claims for losses or damages. Nothing in this article prevents a public insurance adjuster licensed pursuant to section 10-2-417, C.R.S., from acting or holding himself or herself out as a public insurance adjuster. Nothing in this is subsection (3) precludes a roofing contractor from discussing, on behalf of the property owner, the scope of repairs with a Property and Casualty insurer when the roofing contractor has a valid contract with the property owner of the residential property on which the roofing contractor has contracted to perform roofing work.

To read the full SB38 Fact Sheet and penalties from Colorado Roofing Association go to: http://coloradoroofing.org/consumer/index.html

Click on >2012 New Roofing Laws: SB38 Factsheet on their home page.

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