Brasher Law Firm - August/September 2024

The Integral Role of Pets in Enhancing Childhood Development We all know a family pet can bring a world of fun, but animal companions are actually proven to do much more than that! Pets are more than just your kids’ companions; they play a significant role in child development. Here’s how every child can benefit from growing up with a furry (or not-so-furry) friend. SOCIAL SKILLS AND EMPATHY Pets often serve as a child’s first friend and confidant. Interacting with a pet requires a child to read nonverbal cues and respond appropriately, which can enhance their empathy and understanding of emotional states. When a child learns to care for the needs of their beloved pet, they learn that other people also have needs and emotions that must be cared for. HEALTH BENEFITS Numerous studies have shown that children with pets are less likely to develop common allergies and asthma. Surprisingly enough, it didn’t matter whether these kids grew up with cats or dogs; both were equally likely to help prevent asthma and certain allergies. Of course, children who have already been diagnosed can have their symptoms triggered by their furry friends. That’s why parents should consider introducing a pet as early as possible! EMOTIONAL SUPPORT Pets provide a unique comfort that can sometimes elude even the closest family members. During challenging or stressful times, a pet can comfort a child. A pet’s presence can be incredibly soothing and reassuring, providing a silent strength without the complication of human emotions. FUN AND ADVENTURE Let’s not forget that pets are fun! They bring laughter and joy to a household. Kids’ adventures with their pets — from exploring the backyard jungles with a trusty dog to hosting a tea party with a patient feline — can foster creativity and imagination. Pets truly make a home more vibrant and livelier. They teach lessons in love, life, and the joy of simple things. So, if you’re contemplating adding a pet to your family, know that the pitter-patter of little paws can benefit your child’s development. And let’s be honest, who wouldn’t want an extra dose of unconditional love around the house? THE PAWSITIVE EFFECTS

If It Walks Like a Duck and Talks Like a Duck, It’s a Duck In a much-anticipated ruling, the Texas Supreme Court gave strength to the public adjusting statute and added value to a public adjusting license. In Texas Department of Insurance et al. v. Stonewater Roofing, Ltd., Co., 2024 WL 2869414 (June 7, 2024), the Supreme Court held that it was not a violation of the roofing company’s constitutional rights to prohibit roofers from acting as public adjusters. TEXAS SUPREME COURT SIDES WITH PUBLIC ADJUSTERS Public adjusters in Texas, like other states, are creatures of statute. Specific Texas law authorizes the use and governs the conduct of public adjusters. While independent adjusters are knowledgeable of the same adjusting practices, public adjusters are licensed through a different statute and are allowed, much like attorneys, to advocate for their clients. “To secure a license to adjust insurance claims on an insured’s behalf, a person must have sufficient experience or training in the assessment of property values and losses; be sufficiently informed about the terms and effects of typical insurance contracts; and successfully pass an examination of the applicant’s technical competence, basic knowledge of relevant topics, and understanding of governing law and ethical standards.” However, “unlicensed persons may not advertise, solicit business, or hold themselves out to the public as an insurance adjuster.” Id. (citing Tex. Ins. Code Sec. 4102.001(3)). The High Court’s decision to prohibit activities and advertisements by the roofing company usurping the public adjuster’s role draws a clear line, whereas before, it was blurry. In the past, “insurance consultants,” “roofers,” and other close but not quite adjusters were charging contingent fees in Texas. In the case before the court, the roofing company advertised the following skills:

“Insurance specialists”

• •

“The Leader in Insurance Claim Approval”

• “... highly experienced with the insurance claims process” • “... help [its] customers settle their insurance claims as quickly, painlessly and comprehensively as possible” • Their contract gave the roofing company authority to “negotiate on [the customer’s] behalf with [the] insurance company and upon insurance approval to do the work specified.” The Court made a clear statement that those activities fall under the public adjuster (or attorney) license. This should stop the lawyer- roofing-consultant business, where attorneys are asked to draft contracts to avoid this prohibition. The Court is saying in this case that if it looks like a duck, walks like a duck, and talks like a duck, it’s a duck. So, if you are not a public adjuster (or an attorney), you are prohibited from acting like one!

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