DES MOINES, Iowa — Shamrock Roofing, a Kansas-based company with operations throughout the Midwest, filed a lawsuit in the U.S. District Court for the Southern District of Iowa, challenging state regulations that prohibit contractors from providing utility services. ‘adjustment. The suit argues that the state’s enforcement of these rules infringes on constitutional rights and negatively impacts consumers, according to Garen Armstrong, owner of Shamrock Roofing.

Armstrong, whose business has been around for nearly 50 years, took over Shamrock after his father died in 2016. “We are in eight states and 12 locations,” Armstrong said. “We stay in the Midwest and we’re just Midwesterners. We are just a family business and we care about our customers. However, the company has recently faced obstacles expanding into Iowa due to state regulations.

The Iowa Insurance Division (IID) has issued numerous cease and desist orders and warning letters to roofing companies like Shamrock Roofing, citing violations of the state’s adjuster law in public disasters. Armstrong said many of those complaints came from customer reviews on his company’s website or from other contractors reporting the company’s activities in intensified undercover operations targeting those who supply insurance advice.

Armstrong says the IID imposes restrictions that “prevent” contractors from effectively helping their clients.

“They are pet dogs for insurance companies,” Armstrong said. “They want to vilify entrepreneurs instead of helping consumers.”

According to Armstrong, part of the role of the company and its subcontractors is to assess the damage and explain the insurance process, but recent enforcement has prevented subcontractors from discussing the details of the insurance. police with customers in Iowa. Armstrong said that makes it difficult for contractors to advocate for property owners.

“We can’t talk about process or politics or any of that,” Armstrong said. “They want to muzzle us so that insurers don’t pay the fair amount they’re supposed to pay.” He said the restrictions have a direct impact on homeowners who need advice after a disaster. “Instead of helping policyholders, Iowans, get cared for and get better, they want to muzzle you.”

According to Armstrong, state actions extend beyond policy enforcement and extend to surveillance. “Doug Oman hired a former law enforcement officer to set up information lines for other contractors to call if they talk to homeowners about the insurance process, to teach owners how to restore their homes,” he said, referring to the IID-appointed official. Insurance Commissioner. “How ridiculous is this?”

Martin Grace, an insurance law expert at the University of Iowa, said Iowa law prohibits contractors from acting as both a contractor and a public adjuster on the same project in order to avoid conflicts of interest. “A public expert is not authorized to be the contractor of the house he is designing. It’s a conflict of interest,” Grace said.

Grace said it’s important to separate the roles of contractors and public adjusters. Public adjusters have a fiduciary duty or responsibility to you, your interests are paramount. They represent you. Just like an attorney or other personal representative would,” he said. “Having the repairer, or repairer, I should say, in the process makes the interests of the repairer paramount.”

He further explained that the law is in place to prevent scenarios where contractors could benefit financially by inflating claims or entering into conflict with the insurance company over compensation. “If the contractor argues with the insurance company over repair costs, they can walk away. The homeowner is always stuck with a hole in the roof or a missing window.

In his lawsuit, Armstrong challenges the constitutionality of Iowa’s regulations, particularly regarding free speech. “I want a federal judge to understand that this, this, is free speech and a violation of the 14th Amendment,” he said. Armstrong said he thought the law was too vague, making it difficult for contractors like Shamrock Roofing to comply.

Grace acknowledged that the law may indeed be too vague. “He (Armstrong) couldn’t get a clear definition of what he could or couldn’t do,” Grace said. “Normally when that happens, you find yourself in a situation where the courts can overturn it for vagueness.”

Grace said he believes the state’s intent may be to regulate behavior and not restrict legitimate speech. “In fact, inserting themselves into the relationship between the homeowner and the insurance company, it’s probably the behavior they want to regulate rather than the speech,” he said.

According to Armstrong, Shamrock has slowed its expansion in Iowa due to the state’s actions. “I gave up on marketing and pulled back on expansion plans in the Quad Cities, which I hire a lot of,” he said.

Despite this, Armstrong said he remains committed to expanding Shamrock’s presence in Iowa. He said he plans to put up billboards and television ads across the state to support his company’s cause.