Hotel Owner Files Commercial Wind Damage Lawsuit

commercial wind damage

Our client, a local hotel owner, was forced to file a lawsuit against Underwriters at Lloyd’s London and Engle Martin & Associates after its commercial wind damage insurance claim was wrongfully denied under Texas law.

March 2016 Windstorm

On March 25th and 26th, 2016, a windstorm swept through Harris County, causing substantial damage to the roof, windows, exteriors, and interiors of the plaintiff’s property. After the storm, the plaintiff immediately filed an insurance claim to cover the damages to the property. In response to the claim, Lloyd’s assigned representatives, adjusters, consultants, and agents to the plaintiff’s claim that were inadequately and improperly trained. Specifically, Lloyd’s assigned the claim to Engle Martin, who in turn assigned it to an employee who was not equipped to handle this type of claim.

The employee failed to complete an adequate inspection and refused to acknowledge all the damages to the property. The employee also failed to prepare an estimate or scope of damages to the property and/or failed to provide the estimate to the plaintiff. To assess the damage, the employee retained consultants from a preferred vendor list who are not registered with the Texas Department of Insurance, and then utilized the preferred vendor’s report to make recommendations to Lloyd’s on what portions of the claim to deny under the Policy.

The plaintiff never received a formal denial letter from Lloyd’s or the Engle Martin employee. However, as a result of the employee’s haphazard inspection, misrepresentations, and inadequate investigation, Lloyd’s denied the plaintiff’s claim for wind damages by sending an engineering report stating there was no damage.

Lloyd’s Violated The Texas Insurance Code

Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to implement reasonable standards for the investigation of a claim, and misrepresentation of the insurance policy under which it affords property coverage to the plaintiff.

Raizner Slania: Windstorm Damage Attorneys

If your insurance carrier wrongfully denied a Texas windstorm damage claim, you need an experienced team of insurance lawyers to help you get the compensation you deserve. Call the experienced windstorm damage claim attorneys at Raizner Slania today to schedule a free consultation to discuss your case. We can help you understand your legal options and pursue compensation on your behalf.

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