AN ACT relating to trade practices.

UNOFFICIAL COPY 26 RS BR 335
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AN ACT relating to trade practices. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 365 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Prohibited advertisement" means any written or electronic communication 6
by a contractor that encourages, instructs, or induces a residential property 7
owner to contact any insurance company personnel for the purpose of 8
making an insurance claim for roof damage. This includes but is not limited 9
to a door hanger, business card, magnet, flyer, pamphlet, and email; and 10
(b) "Solicit" means to contact a residentia l property owner in person or 11
through electronic means, including but not limited to email or telephone. 12
(2) A person shall not: 13
(a) Solicit a residential property owner by means of a prohibited advertisement; 14
(b) Offer a residential property owner a rebate, gift card, cash, coupon, waiver 15
of any insurance deductible, or any other thing of value in exchange for: 16
1. Allowing the person or his or her agent to conduct an inspection of the 17
residential property owner's roof; or 18
2. Making an insurance claim for damage to the residential property 19
owner's roof in a way that purports to interpret an insurance policy; 20
(c) Offer, deliver, receive, or accept any compensation, inducement, or reward 21
for the referral of any work to a business or person that performs repair 22
work services on residential property for which insurance proceeds are 23
payable; or 24
(d) Provide an insured with an agreement authorizing roof repairs without 25
providing a good -faith estimate of the itemized and deta iled cost of services 26
and materials for repairs undertaken pursuant to a property insurance 27
UNOFFICIAL COPY 26 RS BR 335
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claim. If the actual cost of repairs differs from the initial estimate as a result 1
of an insurance claim adjustment, it shall not be a violation of this section. 2