2011 Minnesota Statutes
Chapters 324 - 338 — Trade Regulations, Consumer Protection
Chapter 325E — Trade Practices
Section 325E.66 — Insurance Claims for Residential Contracting Goods and Services

Subdivision 1.Payment or rebate of insurance deductible.

A residential contractor providing the repair or replacement of residential roofing or siding to be paid by an insured from the proceeds of a property or casualty insurance policy shall not, as an inducement to the sale or provision of goods or services to an insured, advertise or promise to pay, directly or indirectly, all or part of any applicable insurance deductible or offer to compensate an insured for providing any service to the insured. If a residential contractor violates this section, the insurer to whom the insured tendered the claim shall not be obligated to consider the estimate prepared by the residential contractor.

For purposes of this section, "residential contractor" means a residential roofer, as defined in section 326B.802, subdivision 14; a residential contractor, as defined in section 326B.802, subdivision 11; a residential remodeler, as defined in section 326B.802, subdivision 12; and a siding contractor registered under section 326B.802, subdivision 15.

Subd. 2.Private remedy.

If a residential contractor violates subdivision 1, the insured or the applicable insurer may bring an action against the residential contractor in a court of competent jurisdiction for damages sustained by the insured or insurer as a consequence of the residential contractor's violation.

Subd. 3.Public enforcement.

The commissioner of labor and industry shall enforce this section under sections 326B.081 to 326B.085.

History:

2010 c 324 s 1; 2011 c 63 s 1