In 2016 Texas Construction Business Owners and Consumers are yet again witnessing that General Overhead and Profit construction costs are routinely being dismissed or denied by major and minor insurers, by their insurance adjusters. Without true justification.
By past class action principles - That market conduct is proven to be financially unfair. Construction Business Owners and Consumers in Texas, and elsewhere, have another Strong case against those attempting to undermine their fair market opportunities.
TDI bulletin B-0068-08 is still current and still states TDI’s position. Please note that it references an earlier bulletin (B-0045-98), which is also still current. Both bulletins are on our website at
B-0068-08: B-0068-08
B-0045-98: B-0045-98.
Texas Business and Commerce Code Section 27.02 is still in place. There is also an Attorney General Opinion (No. JM-1154) that addresses Section 27.02. You can view it at https://texasattorneygeneral.gov/opinions/opinions/47mattox/op/1990/htm/jm1154.htm.
If you have any other questions, please contact the Property and Casualty Lines Office at 512-676-6710.
Sincerely,
Melissa Herrera
Program Specialist
Regulatory Policy Division – Property and Casualty Lines Office
Melissa.Herrera@tdi.texas.gov
Texas Department of Insurance
333 Guadalupe Street | Austin, Texas 78701
(800) 578-4677 | tdi.texas.gov | @TexasTDI
