Originally published by Jeff Raizner.
Our client, a local Dallas property owner, filed suit against American Economy Insurance Company and American States Insurance Company for grossly underestimating property damage claims caused by a wind and hailstorm and denying proper payment under Texas law.
May 2011 Texas Wind and Hailstorm
On May 24, 2011, a severe wind and hailstorm swept through Dallas County and caused significant property damage to the plaintiff’s roof systems, HVAC, windows, exterior, interior, ceilings, furnishings, and more. Upon discovering the damage, the plaintiff immediately filed an insurance claim for the damages sustained from wind and hail.
American Economy and American States assigned adjusters, consultants, and agents to assess the damage to the plaintiff’s property that were inadequately and improperly trained to handle this type of claim. The insurers assigned a local adjuster to the case that failed to engage consultants to objectively evaluate the damages to the property. The local adjuster refused to acknowledge obvious damages, and instead prepared two brief estimates of damages that: (1) grossly underestimated the extent and value of damages to the commercial property and (2) represented that there was no compensable hail damage to the properties. As a result, our client’s claim was denied and no payments were issued.
The Insurance Carriers Violated the Texas Insurance Code
Because the insurance carriers wrongfully denied our client’s claim, our client was forced to hire its own consultant to independently evaluate the property damage. The client’s consultant identified substantial damage far beyond what the insurance carriers acknowledged. Despite this, the insurance carriers still refused to pay for the necessary repairs to the property as required under the terms of the insurance policies and under Texas law.
Our client cites violations of the Texas Insurance Code, including failure to attempt to effectuate a prompt, fair and equitable settlement, failure to adopt and implement reasonable standards for prompt investigation of claims, and failure to provide a reasonable explanation for the denial of a claim, among others.
Wind and Hailstorm Commercial Property Damage Lawyers
If your commercial insurance carrier has denied, delayed, underpaid, or disputed a wind and hail damage claim, you need an experienced team of commercial property insurance lawyers to help you get the compensation you deserve. The lawyers at Raizner Slania have extensive experience helping policyholders obtain their rightful payments from insurance companies. Contact us today for a free consultation.
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