UNOFFICIAL COPY 23 RS BR 1574
Page 1 of 2
XXXX 2/21/2023 8:01 PM Jacketed
AN ACT relating to trade practices. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 365 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For the purposes of this section: 5
(a) "Prohibited advertisement" means any written or electronic 6
communications by a contractor that encourages, instructs, or induces a 7
residential property owner to contact any insurance company personnel for 8
the purpose of making an insurance claim for roof damage. This includes 9
but is not limited to door hangers, business cards, magnets, flyers, 10
pamphlets, and emails; and 11
(b) "Soliciting" means contacting a residential property owner in person or 12
through electronic means, including but not limited to email and telephone. 13
(2) A person shall not: 14
(a) Solicit residential property owner by means of a prohibited advertisement; 15
(b) Offer a residential property owner a rebate, gift card, cash, coupon, or 16
waiver of any insurance deductible, or any other thing of value in exchange 17
for: 18
1. Allowing a person to conduct an inspection of the residential property 19
owner's roof; or 20
2. Making an insurance claim for damage to the residential property 21
owners' roof in a way that purports to interpret an insurance policy; 22
(c) Offer, deliver, receive, or accept any compensation, inducement, or reward 23
for the referral of any services for which insurance proceeds are payable; 24
(d) Interpret policy provisions or advertise to an insured regarding coverage or 25
duties of the insured under his or her property insurance policy or adjust a 26
property insurance claim on behalf of the insured, unless the person holds a 27 UNOFFICIAL COPY 23 RS BR 1574
Page 2 of 2
XXXX 2/21/2023 8:01 PM Jacketed
license as a public adjuster pursuant to KRS 304.9-433; or 1
(e) Provide an insured with an agreement authorizing repairs without 2
providing a good faith estimate of the itemized and detailed cost of services 3
and materials for repairs undertaken pursuant to a property insurance 4
claim. If the actual repairs differ from the initial estimate as a result of an 5
insurer adjusting the claim, it shall not be a violation of this subsection. 6
(3) The prohibited trade practices described in subsections (1) and (2) of this section 7
shall not be in effect if Kentucky is declared to be in a state of emergency 8
pursuant to either a Presidential declaration or a declaration made under to KRS 9
Chapter 39A. 10