Are they giving new roofs away?

[Ignatius]

Welcome any comments from our residential roofer here, plus anyone else who's going through this...

Almost every freaking house in my neighborhood has a sign from a roofing company in the front, presumably to repair damage from the hail back in May. A couple of days ago a guy from one of the companies came by, gave me a card, and told me that all I had to do is make a claim and tell them "My contractor says I need a new roof" and they'll handle the rest. This sound fishy, but it seems like every one else is getting a roof replaced, and I've never dealt with a homeowner's claim before.

A few questions:

1. Will the insurance company want to come out and go over the roof with a fine-tooth comb, or does the biggest hailstorm here in 20 years have them a little strapped?

2. My roof is about 11 years old, if they agree it needs replacement would I be completely covered, or only for a prorated/depreciated amount of the replacement cost?

3. This guy is talking about how they'll take care of the insurance, make sure the deductible is covered, etc. Are they just going to lie to the insurance company about costs, or is this legit?

4. My wife doesn't like the color/style of our existing roof, and past experience has taught me that what she likes will cost more than what it's replacing. Will insurance allow you to 'upgrade' and just pay the difference out of pocket, or is it straight replacement?

Thanks for any input, I'm not looking to go with this company (the guy is a cheeseball), but would like to find out if I'm missing a totally legit opportunity to get a new roof for free.

 

[Sangre Naranjada]

First, the guy who gave you the card is almost certainly fishy.

1. Your insurance company will send out an adjustor. Have a legitimate roofing contractor there to meet with the insurance guy. Hell, use NCAAfootballrox if you're in Austin.

2. Depends on your homeowner's policy. If you have replacement cost coverage then they'll pay for the new roof less your deductible. If not, they'll also factor in depreciation.

3. Yes. They're going to lie and cook the bills. That's why the guy is fishy, and why you should stay far, far away from him. If he's so blatant about cheating your insurance company, how can you feel confident that he won't also cheat you by cutting corners, using substandard materials, etc.?

4. Insurance will pay to replace with a similar product. Insurance is designed to get you back to where you were before the damage (and if you have replacement cost coverage then they will put a new roof on, but with similar materials). In other words, if you had 20 year shingles and wanted to go to 40 or to metal, fine. But you will pay the difference in material costs between the 20 and 40 or metal. However, going forward your policy will reflect the new material (remember to prove to your insurance agent what roofing material was put on) and you'll be covered for the new class of material once it's installed. And some higher grade roofing materials will give you a small reduction in your homeowner's policy premiums.

The chance to replace your roof is legitimate, assuming hail damage has occurred. The idea that you'll get a new roof for "free" isn't.

 

[alden]

Sounds like my neighborhood right now.

So you probably have hail damage to your roof, even if it looks ok to you. Your insurance will likely pay for a new roof, minus whatever your deductible is. Good deal if your deductible isn't big. You can also get reimbursed for window damages and hail marks on the side of your house. Even if you choose not to replace the roof (although it may start leaking in the next few years), your insurance will send you a check for the amount minus deductible and depreciation.

You have nothing to lose at this point. Call your insurance.

 

[RoundRobin]

I was asking these questions just a few months ago. Rox was very helpful in giving advise. I'm in Houston and wasn't able to use Rox but I would still recommend him based on my conversations with him and the others on here that have used him.

First, just because the guy is knocking on doors does not make him shady. Rox will warn you that any roofer willing to eat your deductible is going to make that money back by cutting corners. There just isn't enough margin to eat that much.

A good roofer will be there when the adjuster is to present your case. They've been through it a thousand times and can tell you exactly how the process will work.

The amount of money you receive will depend on the type of insurance policy you have. Regardless, you'll receive a check that you can then spend as you wish on the repairs. I was able to upgrade to radiant barrier decking with the amoutn I received from our carrier.

 

[NCAAFBALLROX]

I have a lot of these answers on my website (recently live, I might add), so I'll do a copy / paste from there:----------------There are four figures that insurance companies use:*Total Claim Value or Net Claim Value*Actual Cash Value*Depreciation or Recoverable Depreciation*Deductible

Total Claim Value or Net Claim Value is the complete dollar offer by your insurer. This is the amount they estimate will be required to fully repair your home, roof, other structures, or additional "real" property. This figure should include all sales taxes (where appropriate) as well as contractor overhead and profit margins.

Actual Cash Value is the estimated value that was left in your property before the damage occurred. This calculation is based on the age of your item. If you purchased something that was reasonable expected to last 40 years, but was damaged two days after you purchased it, then the expected cash value should be near 100%. Conversely, if you have a "typical" 30 year shingle which was installed 28 years ago, then the expected cash value (life left in the product) should probably be at or near 7% (30 years x .93 =27.9 years.)

Recoverable Depreciation is sometimes also called a "holdback." It is a dollar amount that is sometimes--but not always--held out of a total claim payment. If held back, this amount is payable once the insurance company receives invoices or receipts showing the dollar amounts that you have paid to various contractors. Often, if you have multiple line items listed in your claim (i.e., roof, shed, gutters, kids' play equipment, air conditioners, etc.) and have satisfied your total deductible amount, then your insurance company will pay out the remainder of the recoverable depreciation related to all line items. However, every insurance company is different and your individual policy may differ, so it is best to read your policy details and/or contact your insurer.

Deductible is the same as your co-pay when you visit a doctor. The reason a deductible is required by insurers is so that the insurance company can limit their out of pocket expense, and so that the company can limit the number of claims a person is likely to file--since a larger deductible will slow down the pace of fraudulent or inappropriate claims. Today, a deductible is usually based on a percentage of the total value of your home, and what it would take to replace the home.
A common deductible is around 1% to 1.5%,
though lower deductibles are sometimes available. Please keep in mind that, while a lower deductible is advantageous should you ever need to file a claim, you do pay more for this deductible in your monthly policy payments.

Note: In the past few months, as fuel costs have gone larger for everyone, roofing has been similarly affected. In the past month, CertainTeed has raised prices 3x & GAF about 2x. Spot market items such as felt, valley metal, drip edge & other components are under daily change. Felt is now around $ 21.00 to $ 22.00 per roll whereas 3 months ago, it was closer to $ 15.00.

The insurance companies, in about 90% of the cases, use a program called Exactimate to adjust their claims & this program is only updated every 3 months. If shingle prices are moving 2x or 3x a month, spot pricing is adjusting daily, labor is having to keep up with costs to get to & from the job, we have to buy fuel for our compressors... what do you think is happening to the basic cost f doing business? & This cheesehead wants to CUT the offer that insurance is making??

My point is that if costs are going up, but someone wants to take less $$, then yeah... chances are that corners will be cut & you won't ever have a clue as to what was done wrong or not done @ all.

Next question / answer, related:

Your insurance company's estimate is just that--an estimate. It is not the final word on what they will pay. If you allow us to examine your insurance company's offer, we will tell you if it is enough to perform the required repairs to your roof. If we determine that it is not a fair offer, with your written permission we will negotiate in good faith with your insurance company to secure the maximum allowable dollars so we can install the best products and use the best labor for your roof. You cannot be penalized by requesting a fair market increase to your insurance payout.Additionally, if you hire Ranch Hand Roofing for an insurance compensated repair, we will always reserve the right to ask your insurance company for additional amounts to pay for any changes in the cost of parts, because, while insurance companies' price lists are updated only every three months, prices of materials can change daily.Re: will the insurance co. take a roofer's statement as to whether the roof was damaged?

NO, they will not just "accept this estimate" or assessment. That's ludicrous.

In times of a large event, the state declares a distaster & this allows the insurance companies additional time to handle claims (usually, they are required to have an adjuster out within 15 days & this gives them up to 30 in most cases). YOU, on the other hand, do NOT have to file within this time. MOST (NOT ALL) insurance companies allow for 365 days from the date of loss (in this case, May 14th) to file the claim AND get the repairs completed. In some cases it's 180 days, in other insurance companies situation they allow for 2 years. On top of these guidelines, I have had plenty of customers request an extension beyond even the 2 year term & they have been approved for a bit of extra time (we won't go into why these folks wait so long because everyone's personal reasons are different).

Important: Just because you have 2 years doesn't mean that the hail wil be fully visible & proveable for this amount of time. From a forensics standpoint, lightly damaging hail (i.e. just enough to warrant an insurance compensated roof) is going to fade out a bit as time goes on. The easiest time to prove your case is usually within a month or so of the date of loss.

So, let's say you don't file a claim because you look @ the roof from the ground or even go up on the roof & don't see anything. Or you just don't want the hassle. Or you might not even have the $$ to pay a deductible.

Then, after your valid time for filing has expired, you are selling the house & a licensed real estate inspector comes out to check the house for all the various things they look for... guess who will be 100% on the hook for the repairs? You've just given away a few thousand dollars (or more) out of your sales price.

Color / style changes:

Often, within the scope of your insurance-replaced or repaired roof, we are able to make some upgrades to certain components at no additional cost to the homeowner. For some of these upgrades, we are able to charge only for parts, with no additional labor costs. However, this is done on a case-by-case basis, since what works for one house will not always work for another.

Basically, if I can absorb a hundred dollars or so of your roof expense, I will. If you have an upgrade that is a couple or so, I might see if I can assist you in some way... but things like a wholesale change from shingles to metal is going to be really, really expensive.

If it's just a color change, the chances are that this a nearly linear cost adjustment if any. I usually tell customers to select from any of the various brochures or sample boards I provide them & let me worry about whether they just picked the highest priced shingle or not... that way, price won't be their influencing factor.

I will suggest that the person who came to your door might work for a good company, but HE is a salesperson & probably not a roofer. & Even then, he's not a good salesperson.

Related topic from our resident legal team: How is it that paint & body shops can offer to fully cover deductibles? How is it that "roofers" can offer the same, & both of these situations are not in violation of the law?? Personally, I am hoping that we get roofing licensed as a professional trade here in Texas.

Granted, costs to the consumer will rise... but the level of quality will increase. A lot of weekend hackers will go out of business.

 

[AlamoHeightsHorn]

Is Hill Adams still a roofer in Austin?

He'll set you straight.

 

[NCAAFBALLROX]

Who is "Hill Adams"?

 

[accuratehorn]

If paint and body shops offer to get the full amount of damages from the insurance company, and the car owner has a deductible, this is a scam or a marketing gimmick, however you choose to view it. If the job is a $4000 job, and the car owner has a $500 deductible, the body shop will try to charge the insurance company $4500, or tell the car owner the bid is $4500, or cut some corners and do the job for the lesser amount-there are many ways to make the bottom line come out the same, but there ain't no such thing as a free lunch.

 

[Orangeblood]

Of course, you could be like some of us and be in the situation where your roof is totalled, but your deductible is higher than the cost of the new roof.

Looks like we'll have ours until it collapses.

 

[NCAAFBALLROX]

Time to go metal, OrangeBlood.
I'd also suggest that everyone take a look @ their policy deductibles so that you are @ least aware of the risks that you're taking in a higher deductible.

Lower deductibles cost $$, but @ least it's less of a bite when you actually have to use the policy.

 

[Sangre Naranjada]

I second that NCAA. Look at several things. First, frequency of significant hailstorms in your area. If you're in Dallas it will happen more often than for those in Austin or Houston. Just get a ballpark estimate.

Second, look at the expected cost to replace your roof.

Third, look at the difference in insurance premium for various deductibles.

Then figure out how many years it'll take for the increased premium to outweigh the benefit of a lower deductible, compare that to the expected frequency of significant hail damage and make your decision.

Example: you own a $200,000 home. The estimated cost to replace your roof is $4000.

An insurance policy with a $1000 deductible is quoted at $1100/year.
A policy with a 1% deductible is quoted at $925.
A policy with a 2% deductible is quoted at $800.

In this example you will pay $300 more per year to get a potential claims benefit of $3000. (The roof replacement will cost you $1K out of pocket vs. being in Orangeblood's situation where the deductible (2% of 200K = 4K) means the policy won't pay off for simple roof damage, even if the whole roof needs to be replaced.)

So, you spend $300 more per year. Can you expect a significant hailstorm more than once every 10 years? If yes, spend the money for the lower deductible policy. If no then don't. But put the premium difference into an emergency savings account so if you DO get a freak hailstorm you have some financial cushion to protect you from the $$$ hit you're going to take.

Obviously this type of analysis is not going to be precise. Insurance premiums change, roofing costs change, and good luck predicting the weather. But having gone through a quick analysis like this can help you shop for a homeowner's policy and give you some intelligent questions to ask the agent. It beats the hell out of letting the agent sell you a policy and just taking what he gives you on blind faith.

 

[NCAAFBALLROX]

Sangre is correct. I see a lot of situations where the homeowner doesn't pay attention to the small details & the individual components of what their policy has (@ the most, they might see what the valuation is for individual components, i.e. up to $ 50,000.00 in contents, but they don't look to see what the deductible is for the various types of covered events that led to the losses).

They see co. A priced out $ 500.00 more per year than Co. B who is $ 300.00 less than Co. C... so they go for A who may not be rated as highly as B (solvency, abillity to pay claims, customer service, etc) & other variables. Plus, Co. C might have a windstorm deductible of only $ 500.00 (nearly impossible to get these days, BTW).

All of this should factor into your decision making process.

 

[orangecat]

I'm in the DFW area(McKinney), and we had some hail storms in the spring. Evidently, I waited too long to call a roofer to get an estimate. I finally called him because after the storm, I would occasionally see a shingle on the sidewalk in front of our house. I couldn't be sure the shingles were from our house, and our two-story roof has a high roof-line. I don't own a two-story ladder.

As I would drive toward the house or away from the house, I would look at the roof from a distance and I wouldn't see anything unusual. Finally, early last month, I saw several shingles on the top of the roof, flapping in the breeze. I called a roofer, he immediately started talking about a new roof, but then when he got up there he said it was borderline whether the insurance company would pay for a roof or not. He said he could see a little hail damage, but he couldn't say the roof needed to be replaced.

He quoted what I considered to be a very reasonable $2700, and that was for an upgrade in shingles. (house is 2700 sf two story, with no steep angles on the roof)

Now here's the kicker. I had been searching for a lower deductible anyway, and through my research I found that no insurance company will go lower than a 1% deductible.
Our deductible right now until the insurance renews July 9 is the 1%, which is $1860!

So, even with the lowest deductilbe I can get, I would only get about $900 of help from the insurance company!

Bottom line, he went to Lowe's, bought a small amount of shingles, and fixed the roof for $175, which included putting his sign in the yard.

Bottom line for me, if we hadn't just spent the government $1800 rebate check on a new air handler, I would have bought the roof, insurance money or not.

Bottom line for the insurance companies, our deductible goes up to $2100 on July 10, and since 1% is the lowest deductible they have, the insurance companies are effectively out of the roofing business.

 

[Sangre Naranjada]

I have a policy with a $500 deductible. Shop around.

 

[NCAAFBALLROX]

OrangeCat, $ 175.00 is pretty inexpensive (bordering on cheap). Personally, I wouldn't do 2 hours worth of work for less than around $ 250.00 (you have to remember, you're not buying the service @ the moment, you're buying the lack of future issues later & service after the repair if it's ever needed).

The other item is on a surface area of 18 squares (1,800 square ft. of surface area), the 'retail' right now should be around $ 2,520.00 plus 2 story charges, which should be around $ 360.00 more. This is for a 3 tab type roof.

Of course, I'm basing my unseen number of squares on the 1/2 your square footage, plus some misc. for waste & assuming your garage is built into the house but not a part of your listed square footage.

 

[orangecat]

NCAA, you nailed it, cookie cutter home, attached garage in front of home, probably pretty easy for an experienced roofer. Sangre, I sent you a p.m. As far as the two hours goes, he probably spent a total of maybe 1.5 hours including time spent going to Lowe's and back.

Three things really impressed me about this guy.

1. He appeared to be fairly young, maybe mid 30s, but he was able to quickly analyze the situation. Within maybe 5 minutes of being on the roof he was able to diagnose not only our roof, but many other roofs in the neighborhood.

He came down, explained what he thought was the situation. He asked if we had hail in the spring, I said yes, and he realized we were on the edge of the storm. Our hail was very small. That explains no other roofs being replaced.

2. He had a pretty detailed weather report that he told me. The weatherman lucked out that day, I guess, because all of a sudden right after he left, the wind picked up and brought some dark clouds to us, and it rained that evening.

3. Honesty. He told me business was slow right now.

 

[mishatx]

In reply to:

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[Sangre Naranjada]

Hochheim Prairie Farm Mutual. I got the policy in June, 2000.

I know they were still writing policies with $500 deductibles in 2004.

 

[orangecat]

Friday I was visiting with a friend who lives in a different subdivision 2 to 3 miles south of my house. His subdivision is one of those that got the full brunt of the hailstorms in the spring. I noticed one house having a roof replaced as I drove in, so somebody waited until 3 months after the storm to fix theirs. So my buddy tells me he got a new roof.

I looked at his roof, and just from the street I could tell this was an expensive roof.

He told me he got a 40 year shingle(upgrade), four "whirlibird" vents, in the back,(upgrade), and he didn't have to pay a dime for this roof!

Btw, his roof is a rust color, which matches his brick color, and his neighbor across the street has a roof that has different color shingles thrown in, which my buddy says is an even more expensive roof. Wait, it gets better.

Then his wife says that she noticed a few dings in the garage door, so she called the insurance company. The insurance company says they will pay a percentage of the door, without even coming out to look!


My buddy says that money paid for a new Bosch dishwasher.

I am going to grill him some more, but it sounds like his roofer overbilled the insurance company enough to cover the deductible and wrote my buddy a check for the deductible.

I don't have a clue how the garage door thing works, unless my friend owns his home outright.(doubtful, but slightly possible, they moved from New Jersey with equity from a townhome three years ago or so)

 

[Ignatius]

In reply to:

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[NCAAFBALLROX]

I am currently knee deep into it with 3 different insurance companies with regards to estimates & coverage for items these houses should have had @ the time of construction (or need replacing but is related to the roof, but not a commonly replaced components).

On the most involved & expensive of these, I am requesting a special cleanup over the course of @ least 2 days (one extra person per day), plus design improvements to the roof in 2 places (one of which involves about 7.5 square ft. of stucco work) & a price change on material. The total estimate is going from insurance's offer of around $ 13,500.00 to $ 19,500.00.

PS: "whirlybirds" (turbines) are junk. Unless the customer specifically requires them & won't budge, I don't put them up... I'd rather have ridge vents (48 linear ft. of ridge vent = 10 turbines & you can guess which one is more attractive). Turbines are junk.

 

[KC-97HORN]

about 2.5 years ago I switched insurance companies, from State Farm, to Allstate.

State Farm had a 2% wind/hail deductible (about $3000). Allstate had slightly better coverage and a $500 Roof deductible.

Last year, in May, the same storm system that wiped out Greenville Kansas, hit KC with massive hail.

My roof was massacred, along with my gutters.

I put that $500 deductible to good use.

I was a new client, with no discounts or ties to Allstate, and I was able to get the $500 deductible in April 2006.

 

[orangecat]

KC, boy am I jealous of your deductible. As for the OP, I am thinking okay, it's a gamble that the roofing company is going to take you to the cleaners in a similar way as they are doing it to the insurance company. The question for me: is it worth a gamble? I think it is definitely worth the gamble.

I'm taking a $2100 gamble, (my deductible) that the roofing company is not going to screw me, as they are doing so to insurance company. The potential payoff, a free roof. the potential problem for them, bad publicity, me telling everybody I know they did a sorry job.

I would be the guy who takes off two days of work to watch them do the roof, anyway. I don't know if this tactic works with roofers, but it sure works for other deals. If you watch them, let them know you're watching them, they tend to do a better job.

 

[NCAAFBALLROX]

OrangeCat, you have NO idea how many ways a tradesperson can screw you... I have heard so many stories from some of the guys @ the supply yard.

Heck, go to roofing.com & look up the thread about scams.

I can't seriously believe what I just read - what you just said is that you have no problem aiding someone else (in this case, a roofing contractor) in committing insurance fraud.

Please, don't call me for a quote or a repair if that's your true & correct philosophy on how to approach an insurance claim. Ever.

 

[NCAAFBALLROX]

In Texas, even partially paying for deductibles is illegal.Paying for placing a sign in an insureds yard is in fact considered a rebate since the insured receive a betterment from their loss. When you submit an invoice to the insurance company to recover the depreciation do you show that you payed the insured? If you did then the insurance company would reduce the recoverable depreciation by the amount you paid.
IMore & more, you'll be seeing language on claim summaries now that address this issue informing insureds that it's illegal. In some cases, you need to have your signature notorized where you are affirming the full deductible payment has been made or that you acknowledge what constitutes insurance fraud according to the terms of your policy & state law.

Now, you can pay to place a sign in someones yard you are not re-roofing, that's legal but not likely.

Since roofing is by its very nature dangerous and potentially deadly, these kickbacks can be considered a first degree felony offense. At the minimum it's a state jail felony. If you get caught doing it multiple times they will aggregate the charges.

All it takes is an insurance companies SIU to audit an insured. Or the Texas Department of Insurance to investigate.Texas Statutory Code

See Chapter 35 Insurance Fraud Section 35.02(7)(B)

BUSINESS & COMMERCE CODE

CHAPTER 27. FRAUD

§ 27.02. CERTAIN INSURANCE CLAIMS FOR EXCESSIVE CHARGES. (a) A person who sells goods or services commits an
offense if:
(1) the person advertises or promises to provide the good or service and to pay:
(A) all or part of any applicable insurance deductible; or
(B) a rebate in an amount equal to all or part of any applicable insurance deductible;[/color]
(2) the good or service is paid for by the consumer from proceeds of a property or casualty insurance policy; and
(3)the person knowingly charges an amount for the good or service that exceeds the usual and customary charge by the person for the good or service by an amount equal to or greater than all or part of the applicable insurance deductible paid by the person to an insurer on behalf of an insured or remitted to an insured by the person as a rebate.
(b) A person who is insured under a property or casualty insurance policy commits an offense if the person:
(1) submits a claim under the policy based on charges that are in violation of Subsection (a) of this section; or
(2) knowingly allows a claim in violation of Subsection (a) of this section to be submitted, unless the person promptly notifies the insurer of the excessive charges.
(c) An offense under this section is a Class A misdemeanor.

Added by Acts 1989, 71st Leg., ch. 898, § 1, eff.
Sept. 1, 1989.

PENAL CODE

CHAPTER 35. INSURANCE FRAUD

§ 35.02. INSURANCE FRAUD. (a) A person commits an offense if, with intent to defraud or deceive an insurer, the person, in support of a claim for payment under an insurance policy:
(1) prepares or causes to be prepared a statement that:
(A) the person knows contains false or misleading
material information; and
(B) is presented to an insurer; or
(2) presents or causes to be presented to an insurer a statement that the person knows contains false or misleading
material information.
(a-1) A person commits an offense if the person, with intent to defraud or deceive an insurer and in support of an application for an insurance policy:
(1) prepares or causes to be prepared a statement that:
(A) the person knows contains false or misleading
material information; and
(B) is presented to an insurer; or (2) presents or causes to be presented to an insurer a statement that the person knows contains false or misleadingmaterial information.
(b) A person commits an offense if, with intent to defraud or deceive an insurer, the person solicits, offers, pays, or receives a benefit in connection with the furnishing of goods or
services for which a claim for payment is submitted under an insurance policy.
(c) An offense under Subsection (a) or (b) is:
(1) a Class C misdemeanor if the value of the claim is less than $50;
(2) a Class B misdemeanor if the value of the claim is $ 50 or more but less than $ 500;
(3) a Class A misdemeanor if the value of the claim is $ 500 or more but less than $ 1,500;
(4) a state jail felony if the value of the claim is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the claim is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the claim is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if:
(A) the value of the claim is $200,000 or more; or (B) an act committed in connection with the commission of the offense places a person at risk of death or serious bodily injury.(d) An offense under Subsection (a-1) is a state jail felony. (e) The court shall order a defendant convicted of an offense under this section to pay restitution, including court costs and attorney's fees, to an affected insurer.
(f) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(g) For purposes of this section, if the actor proves by a preponderance of the evidence that a portion of the claim for payment under an insurance policy resulted from a valid loss, injury, expense, or service covered by the policy, the value of the claim is equal to the difference between the total claim amount and
the amount of the valid portion of the claim.
(h) If it is shown on the trial of an offense under this section that the actor submitted a bill for goods or services in support of a claim for payment under an insurance policy to the insurer issuing the policy, a rebuttable presumption exists that the actor caused the claim for payment to be prepared or presented.

Added by Acts 1995, 74th Leg., ch. 621, § 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 605, § 1, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 1162, § 4, eff. September 1, 2005.

§ 35.03. AGGREGATION AND MULTIPLE OFFENSES. (a) When separate claims in violation of this chapter are communicated to an insurer or group of insurers pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the claims aggregated in determining the classification of the offense. If claims are aggregated under this
subsection, Subsection (b) shall not apply.
(b) When three or more separate claims in violation of this chapter are communicated to an insurer or group of insurers pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the classification of the offense shall be one category higher than the most serious single
offense proven from the separate claims, except that if the most serious offense is a felony of the first degree, the offense is a felony of the first degree. This subsection shall not be applied if
claims are aggregated under Subsection (a).

Added by Acts 1995, 74th Leg., ch. 621, § 1, eff. Sept. 1, 1995

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