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Wolfe’s Carpet, Tile & Remodeling, LLC v. Bourelle

Court: Tx 14-Houston  07/27/2023  Texas Insurance Code's Prohibition Against The Unlicensed Practice of Public Adjusting Voids Contract

The Fourteenth Court of Appeals affirmed a trial court's final judgment that voided a contract for home repairs following Hurricane Harvey, holding: 1) the contract's language stating the contractor is authorized to "negotiate to said Insurance Company....on [the homeowner's] behalf a quick and fair settlement" violated Tex. Ins. Code Sec. 4102.051's prohibition against advertising, soliciting, or holding one's self out as a public adjuster without a license issued by the commissioner; 2) the homeowners appropriately exercised their option to void the contract under Sec. 4102.207(a); and 3) the trial court did not err by granting summary judgment on the contractor's unjust enrichment and quantum meruit claims.

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