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Last Post 07/29/2011 9:38 PM by  Ray Hall
The TDI in Tex
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Ray Hall
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07/28/2011 2:03 PM

    Now has the management of TWIA and the Fair plan. The recent rule will change wind /roof claims for these two carriers and all carriers in TX. I remember the ruling in 1991 that all comp. roofs had to removed before going back with new shingles and then ruled that removal was not betterment or subject to depreciation as it was all one operation. Well this new ruling will cost billions more over the years.

    An unsealed shingle is prima facia evidence  of direst wind damage that has to be replaced. O & P of 20% is required on all estimates(with or without) a GC and 18 percent interest from the date of the payment. Yes the fee bills should be higher and the  insurance rates much higher.

    CatAdjusterX
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    07/28/2011 6:22 PM
    Posted By Ray Hall on 28 Jul 2011 02:03 PM

    Now has the management of TWIA and the Fair plan. The recent rule will change wind /roof claims for these two carriers and all carriers in TX. I remember the ruling in 1991 that all comp. roofs had to removed before going back with new shingles and then ruled that removal was not betterment or subject to depreciation as it was all one operation. Well this new ruling will cost billions more over the years.

    An unsealed shingle is prima facia evidence  of direst wind damage that has to be replaced. O & P of 20% is required on all estimates(with or without) a GC and 18 percent interest from the date of the payment. Yes the fee bills should be higher and the  insurance rates much higher.

     

    Ray, in regards to the O&P, you are speaking of 10&10 total right ?

    This doesn't make a lot of sense(not you Ray, you make perfect sense, but TWIA TDI).   So bear with me for a moment,  Let's say a hail storm blows through and umpteen thousand of roofs must be replaced, so roofing Contractor X replaces the roof. With the "new" rule of O&P of regardless whether a GC is required or not , said roofer charges 190.00 a square and now he is entitled to O&P??? His profit and overhead is already built into the 190.00 a square, please clarify.

    What I remember in the weeks and months after Ike, was that Reggie and Bill (TWIA management) were DENYING O&P on the roof replacement itself "WHEN there was a GC involved" so in essence the GC is including the roof replacement for free. I know that this was part of the Ike debacle that they wanted TWIA to change.

      

     

    "A good leader leads..... ..... but a great leader is followed !!" CatAdjusterX@gmail.com
    ChuckDeaton
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    07/28/2011 6:59 PM
    An Oklahoma court ruling says that roof removal labor is not subject to depreciation. However, installation labor is subject to depreciation. Just sayin'!!!!!!!!!!!
    "Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
    Leland
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    07/28/2011 7:57 PM
    Chuck: I bet that OK court used the one word you hate most: BETTERMENT!

    Your friend,

    Leland
    Leland
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    07/28/2011 8:18 PM
    Well, they didn't.

    DAVIS v. MID CENTURY INSURANCE COMPANY

    http://ca10.washburnlaw.edu/cases/2...0-6224.htm

    But here is an insurance case from the same court which does mention "betterment"

    http://ca10.washburnlaw.edu/cases/2...4-1429.htm

    Just keeping you on your toes, Chuck.
    ChuckDeaton
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    07/28/2011 11:34 PM
    "Id. If State Farm repairs or replaces damaged property and this results in betterment, the insured must pay for the amount of betterment. Id." May I point out, Leland, that this wording is not "policy" wording.

    Also, your example is the only place I have seen the word "betterment" used in any context.
    "Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
    Ray Hall
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    07/29/2011 9:38 PM

     The relese I read was in the Houston Chronicle and the way I read it was like I posted. O &P is due on all losses even if the insured does the work himself. Just remember all of TWIA ( IKE ) people are gone and we have a new ins. commish from South Carolina, with very good background in insurance. This job is appointed by the gov.

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