ARTICLE · 29 AUGUST 2017

Texas Appeals Court Affirms Class Certification In Case Alleging Roofer Violated Insurance Code

Carlton Fields

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Texas homeowners Joe and Stacci Key sued their roofer, Lon Smith Roofing Contractors ("LSRC"), alleging LSRC violated the Texas Insurance Code by acting as an unlicensed public insurance adjustor.

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Texas homeowners Joe and Stacci Key sued their roofer, Lon Smith Roofing Contractors ("LSRC"), alleging LSRC violated the Texas Insurance Code by acting as an unlicensed public insurance adjustor. The trial court granted class certification, and LSRC sought interlocutory review. The Texas Court of Appeals affirmed in a case captioned Lon Smith & Assocs., Inc. v. Key, No. 02-15-00328-CV (Tex. Ct. App. Aug. 3, 2017).

When it Hails...

The Keys retained LSRC to make roof repairs after damage caused by a May 2011 hailstorm. After the storm, the Keys notified their insurer, and Joe Key signed a contract for a new roof with LSRC for $33,769.50 that contained the following provision:

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