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ColumnsGuest Column

Insurance Claims

Tradesmen, Not Salesmen

The line between roofing contractor and public adjuster is getting brighter, and disciplined roofers should welcome it.

By Curtis Testa
Paperwork on a clipboard
Jacob Wackerhausen | iStock/Getty Images Plus via Getty Images
August 19, 2026

If your business depends on blurring the line between building a roof and adjusting a claim, the next few years will be uncomfortable. If it doesn't, the same enforcement wave may be the best thing to happen to your market in a decade.

Across the country, regulators, lawmakers, and courts are sharpening a boundary the trades have lived with for years: contractors build, public adjusters adjust. To some operators, that sounds like a threat to a business model. To contractors with real crews, real documentation, and real respect for the work, it's something else. It's market cleanup.

I'm a union carpenter by trade, and I run a storm-restoration and roofing company licensed in Illinois and Wisconsin. A few years ago I rebuilt how we document jobs, train field reps, and communicate with carriers, not because a regulator forced me to, but because I could see the line moving and decided I'd rather be early than caught behind it. Contractors don't lose credibility by staying out of adjusting. They gain it.

In Plain English

Five Habits To Keep Roofers on the Build Side

  1. Script your reps. They can promise documented, high-quality work. They should not promise claim outcomes, coverage decisions, deductible relief, or carrier payment.
  2. Over-document the construction. Photos, measurements, code citations, manufacturer specs, diagrams, and a clear scope narrative are your best protection. Rigor on the build side keeps you off the claim side.
  3. Keep policy math at arm's length. Your estimate is the cost to perform the work. Depreciation, ACV, coverage, and settlement are insurance issues unless your state and license allow you to handle them.
  4. Make carrier communication technical. Explain damage, scope, code, materials, and repair method. Don't argue what the policy requires or what the insured is owed.
  5. Read your paperwork like a regulator would. Have a state-specific attorney review your contract, assignment language, website, sales scripts, and referral relationships. Fix anything that sounds like claim representation before someone else flags it.

Strip away the statutes and the distinction is straightforward. A contractor evaluates the building: identifying physical damage, measuring and documenting the work, citing applicable code and manufacturer requirements, and pricing what it takes to restore the property. A public adjuster works the claim: representing the insured in the adjustment, interpreting policy obligations, valuing the loss as a claim matter, and negotiating settlement with the carrier on the policyholder's behalf.

Writing a complete estimate isn't the problem. Neither is taking photos, meeting an adjuster, explaining a repair method, or citing code. Those are construction functions. The problem begins when the contractor steps into the policyholder's shoes. That includes telling a homeowner what the policy “should” cover, calculating depreciation or actual cash value as a claim benefit, characterizing the carrier's coverage position, or negotiating the claim amount as the homeowner's representative.

Why Now?

This is no longer one state having a moment, as tracked by RC.

Florida's 2022 reforms barred assignment of post-loss benefits under new residential and commercial property policies and eliminated the one-way attorney-fee rule that helped drive property insurance litigation. Iowa's Insurance Division has issued cease-and-desist orders against contractors it says acted as unlicensed public adjusters, backed by civil penalties. They also warned plainly that contractors may provide repair estimates but may not negotiate or represent homeowners in the claim. Texas prohibits contractors from acting as public adjusters or advertising to adjust claims on properties where they do or may do the contracting work, and the Texas Supreme Court upheld that framework against First Amendment challenges. Louisiana's Act 144, effective in 2025, bars public adjusters from doing roofing or repair work on claims they handle and bars contractors from advertising as “insurance claim specialists” or as providers of claim or policy interpretation. Illinois sharpened its own line again in 2026, warning that a roofing or repair company generating leads for a public adjuster may itself need a public adjuster license if anything of value changes hands.

Two things about that list matter. It crosses red states and blue states, hurricane coasts and hail country, which tells you it's not a local political fight but a structural correction. And contractors challenging these laws in court have had limited success so far. Waiting for the courts to throw this out is not a strategy.

Why it’s Good News

This can be good for the honest side of the roofing trade.

The companies most exposed by these laws aren't the ones with trained crews, documented scopes, code support, and clean contracts. The operators in the crosshairs are those offering to make deductibles disappear, advertising themselves as claim specialists, and signing homeowners before they understand who's doing construction and who's representing them in the claim. Those operators have been competing with you. They've been underbidding real contractors, overpromising claim outcomes, and giving carriers an excuse to treat legitimate restoration companies with suspicion. When enforcement targets that conduct, it cleans up the market.

You don't have to take my word for the framing. When Louisiana debated its 2025 bill, the committee chairman, an insurance consultant, put the whole thing in three words: roofers are “tradesmen, not salesmen.” That isn't an attack on contractors. It's a description of the contractors who are going to be fine. The law's logic and the disciplined operator's logic are the same.

Staying on the Build Side

So how do you operate on the right side of a line that's getting brighter? Not by turning every job into a legal seminar, but by building compliance into the ordinary habits of the company.

Most of it comes down to scope and language. Document the construction exhaustively (photos, measurements, roof reports, code citations, manufacturer specs, a clear scope narrative), and price the work, not the policy. Your estimate should state the cost to perform the repair, not what the carrier owes; treat any depreciation or ACV figure as a number the carrier issued, not a benefit you calculated. And don't step into the homeowner's shoes to negotiate the settlement. You can substantiate your own scope all day, but representing the insured against the carrier is the licensed adjuster's role.

The clearest place this shows up is how you talk to a carrier. Keep it technical and factual.

The Fraud Question, Head-On

The real problem, some say, is fraud and litigation abuse, and the rules need to be stronger still.

I won't dodge it, because there's truth in it. Fraud exists in this business. Inflated scopes, staged damage, deductible games, unlicensed adjusting, storm-chasers treating a hail map like a lottery ticket: it's all real, and no honest contractor should defend a sentence of it.

But “stronger rules” can mean two very different things, and contractors have a stake in which one wins. One version targets the misconduct itself: unlicensed adjusting, false advertising, deductible waivers, staged damage, claim inflation. Disciplined contractors should welcome that version, because it removes the actors who undercut them. The other version is a blunt instrument that treats ordinary construction documentation as suspicious, a contractor's estimate as claim handling, a technical email to a carrier as advocacy. That version doesn't just hurt contractors; it hurts policyholders, who lose access to a complete scope from the person who actually knows how the roof has to be built.

The better answer isn't to oppose every reform. It's to be visibly professional enough that lawmakers, regulators, and homeowners can see the difference between a contractor documenting construction and a contractor adjusting a claim. We're more persuasive as the example than as the opposition.

The Bottom Line

The line between building and adjusting isn't going away. It's getting brighter. For contractors who built real companies, that shouldn't be a threat. Real crews, real documentation, real contracts, and real respect for the work are becoming competitive advantages. Stay a builder, document like a professional, and let the storm-chasers fight the enforcement wave. The contractors who stay in the construction lane will still be standing when the cleanup is done, and they'll have a cleaner market to stand in.

Where the Line Is

The exact boundary varies by state, but the categories are consistent.


Your lane: contracting
  • Inspecting and documenting physical damage
  • Measuring, scoping, and specifying the repair
  • Citing applicable building code and manufacturer requirements
  • Pricing the cost to perform the work
  • Explaining construction methods, labor access, and material requirements
  • Substantiating your repair scope as the contractor of record
The public adjuster's lane: licensed in most states
  • Interpreting what the policy covers
  • Advising the insured on coverage rights or policy duties
  • Valuing the loss as an insurance settlement
  • Calculating depreciation or actual cash value as a policy benefit
  • Negotiating the claim amount on the policyholder's behalf
  • Representing the insured against the carrier in the claim
  • Advertising or holding yourself out as a claim specialist or negotiator where prohibited

When in doubt, ask one question: Am I describing the building, or arguing the claim? The first is the contractor's lane. The second belongs to the policyholder, a licensed public adjuster, or an attorney, depending on the state and the issue.

KEYWORDS: Florida fraud insurance legislation sales

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Author curtis testa
Curtis Testa is owner of Allied Emergency Services, Inc., an Illinois- and Wisconsin-licensed storm-damage restoration and roofing contractor. He writes about practical compliance systems that help restoration contractors stay in the construction lane. Learn more at news.alliedemergencyservices.com.

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