Current with operative changes from the 2024 Third Special Legislative Session
Section 37:2159.1 - Home improvement contracting; prohibited acts; property insuranceThe following acts are prohibited by persons or companies performing home improvement contracting services:
(1) Interpreting insurance policy provisions regarding coverage or duties under an insured's property insurance policy. A contractor shall be considered to have violated the provisions of this Paragraph if a person working on behalf of the contractor including but not limited to a compensated employee or a nonemployee who is compensated by the contractor violates the provisions of this Paragraph.(2) Adjusting a property insurance claim on behalf of an insured as an adjuster, as defined in R.S. 22:1661. A contractor shall be considered to have violated the provisions of this Paragraph if a person working on behalf of the contractor including but not limited to a compensated employee or a nonemployee who is compensated by the contractor violates the provisions of this Paragraph.(3) Providing an insured with an agreement authorizing repairs without providing a good faith estimate of the itemized and detailed costs of services and materials for repairs undertaken pursuant to a property damage claim. A contractor shall be considered to have violated the provisions of this Paragraph if a person working on behalf of the contractor including but not limited to a compensated employee or a nonemployee who is compensated by the contractor violates the provisions of this Paragraph. A contractor does not violate this Paragraph if, as a result of the insurer adjusting a claim, the actual cost of repairs differs from the initial estimate.(4) Sharing in any legal fee earned by an attorney.(5) Requiring an insured to sign an attorney representation agreement on behalf of an attorney.(6) Accepting a fee, commission, or other valuable consideration, regardless of form or amount, in exchange for a referral by the person or company to an attorney or law firm.(7) Repealed by Acts 2023, No. 364, §2. Acts 2022, No. 734, §1; Redesignated from R.S. 37:2175.3; Acts 2023, No. 104, §1; Acts 2023, No. 364, §2.Amended by Acts 2023, No. 364,s. 2, eff. 8/1/2023.Amended by Acts 2023, No. 104,s.1, eff. 8/1/2022 and s. 1eff. 8/1/2023.