No, a contractor cannot legally waive your homeowners insurance deductible in Texas. It is against the law for a contractor to offer to waive or pay all or part of a homeowner's deductible in Texas, according to the Texas Insurance Code. In fact, it is considered insurance fraud and can result in serious consequences for both the contractor and the homeowner. If a contractor offers to waive your deductible, it should be seen as a red flag and you should report it to your insurance company and the Texas Department of Insurance immediately. It is important to note that the deductible is the amount you agree to pay out of pocket before your insurance company covers the rest of the cost. You are responsible for paying the deductible, and any contractor that offers to waive it may be inflating their fees to make up the cost of the deductible, which is also considered insurance fraud.
The law regarding insurance deductible waivers by contractors in Texas can be found in the Texas Insurance Code, specifically section 27.02(c), which states:
"It is a violation of this chapter for a person to knowingly present or cause to be presented to an insurer or an insurance claimant a statement of material fact that is false, fraudulent, or misleading as part of an application for an insurance policy or a claim for payment or other benefit under an insurance policy. It is a violation of this chapter for a person to knowingly or intentionally assist, conspire with, or urge another person to violate this section or to engage in any conduct that constitutes a violation of this chapter."
Additionally, section 27.02(d) states:
"A person who violates this section commits an offense. An offense under this section is a felony of the third degree unless the value of the claim or benefit sought is less than $30,000, in which event the offense is a Class A misdemeanor."
Therefore, it is clear that offering or accepting a waiver of an insurance deductible is illegal in Texas, and can result in serious legal consequences for both the contractor and the homeowner.