Tag: Church Property Damage

Brazoria County Windstorm

Brazoria County Windstorm Lawsuit

Our client, a local church, was forced to file a lawsuit against Mid-Century Insurance Company after its commercial property insurance claim was wrongfully denied under Texas law.

January 2015 Windstorm

On January 22, 2015, a windstorm swept across Brazoria County and caused substantial damage to our client’s property. As a result, the roof, exteriors, and interiors of the property suffered damage. Upon finding the damage, our client immediately filed a commercial property insurance claim with Mid-Century to compensate for the damages.

In response to the claim, Mid-Century assigned representatives, adjusters, consultants, and agents to the plaintiff’s file who were inadequately and improperly trained. Specifically, Mid-Century hired a local claims representative who failed to perform a thorough investigation of the claim and refused to acknowledge all of the damages to the property in his report, despite being shown the obvious damages.

Additionally, the local claims representative retained an unlicensed adjuster who is not registered with the Texas Department of Insurance to prepare estimates. Due to the claim representative’s haphazard inspection and the local adjuster’s unlicensed estimates, the plaintiff’s commercial property insurance claim was grossly undervalued. Mid-Century continues to deny payment on the damages they it did accept, which has caused the plaintiff economic impact, worry, distress, and continuing physical damage to the property.

The Insurance Carrier Violated the Texas Insurance Code

Because Mid-Century grossly underpaid our client’s claim, our client was forced to retain an attorney to file a lawsuit for insurance benefits. Our client sites 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 delayed payment of a claim, among others.

Houston Windstorm Damage Attorneys

If your commercial insurance carrier has denied, delayed, or disputed your windstorm damage insurance claim, the experienced Houston windstorm damage attorneys at Raizner Slania can help. At Raizner Slania, our experienced property damage lawyers have helped clients throughout the United States whose commercial properties were damaged by violent windstorms. Our consultations are free, and you owe us nothing unless we help you obtain compensation. Contact us today to see how we can help.

Hailstorm Damage

Bell County Hailstorm Property Damage Lawsuit

Our church client filed suit against GuideOne Insurance after its commercial property damage claims filed as a result of damages sustained during a hailstorm were not properly paid in accordance with Texas law.

March 28, 2014 Killeen, Texas Hailstorm

During a hailstorm on March 28, 2014 in Killeen, Texas, the plaintiff incurred severe property damage to the roof, exteriors, interiors, and HVAC system of the property. Immediately after the storm, the plaintiff filed an insurance claim under its policy with GuideOne for damages sustained from wind and hail.

GuideOne assigned adjusters, consultants, and agents to evaluate and handle the plaintiff’s church damage claim. GuideOne assigned an internal adjuster to be the local adjuster charged with assessing damages under the insurance policy. Our client asserts that this adjuster was improperly trained and not equipped to handle this type of claim. The adjuster failed to perform a thorough investigation of the claim, and did not share estimates with our client. The adjuster retained a preferred vendor to visit the property that was not qualified to evaluate this type of loss at this type of property. As a result of the haphazard processing of the hail damage claim and the shoddy work of an unqualified vendor, the claim was completely denied and no payments were issued.

Insurance Carrier Violates Texas Insurance Code and Acted In Bad Faith

The insurance carrier wrongfully denied our client’s property claim for repairs under the insurance policy. Because of this, our client was forced to retain an attorney to prosecute its claim for insurance benefits. Unfortunately, the insurance carrier has delayed payment for necessary and covered property repairs under the policy. The delays, denials, and underpayments have prevented our client from making the necessary repairs to its church facility, causing further damages to the interior and the roof and a loss of the warm community and fellowship environment that this church brings to its members.

Remarkably, instead of honoring its contractual obligations or remedying its prior errors, GuideOne chose instead to file its own lawsuit against the church community.

Our client cites numerous violations of the Texas Insurance Code, namely failure to effectuate a prompt, fair, and equitable settlement of the claim, and refusal to pay a claim without conducting a reasonable investigation. Our client also cites acting in bad faith, breach of contract, breach of duty of good faith and fair dealing, and violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA).

Hailstorm Property Damage Attorneys

If your church or commercial insurance carrier has denied, delayed, or disputed a hail damage insurance claim, Raizner Slania can help. Our attorneys have helped policyholders succeed in obtaining their rightful financial payments from insurance companies that operate in bad faith. All of our bad faith insurance litigation cases are handled on a contingency fee basis, so you will not pay anything unless we help you recover your claim. Contact us today for a free consultation.

Windstorm Damage

Wind Insurance Dispute Filed for Baptist Church

A storm hit Houston, Texas on August 16, 2013, which creased extensive hail and windstorms in the area. One building that suffered significant damage was a Baptist Church. After the insured filed a valid claim for windstorm damage under its property insurance, it was unable to recover what it was due. Due to this failure to timely and appropriately pay the insurance claim, the church has filed suit against Underwriters at Lloyd’s London, Gulf Coast Adjustment Service of Houston, Inc. and its adjusters in Harris County District Court.

The church was badly damaged by hail, including its roof, HVAC, windows, exterior, interior, ceilings, furnishings, and more. After the storm, the church filed a claim under its policy with Underwriters, asking the insurer to cover all damages caused by the storm.

Foreign Surplus Lines Insurance Companies Not Admitted In Texas

Underwriters assigned adjusters, consultants, and agents to the claim that were inadequate and improperly trained to handle this type of property damage claim. Specifically of concern, Underwriters is a foreign surplus lines insurance company that is not admitted in Texas. It assigned Gulf Coast Claims, a Houston insurance adjusting company that falsely advertises itself under the Underwriters name. Gulf Coast Claims then assigned an unqualified adjuster in Florida to assess the Texas church’s damage. The adjuster failed to perform an adequate property investigation, failed to prepare estimates of the wind damage, and ultimately represented that the church had no damage.

Given the failures by Underwriters, Gulf Coast, and their adjuster, the church’s claims were denied, and it was forced to hire its own consultants and representatives to conduct its own assessment of property damages. During this long delay, the church has suffered economically and the structure has had continued physical damage.

As a surplus lines insurer, Underwriters at Lloyds are unregulated by the Texas Department of Insurance and operates with far fewer restrictions than insurers who are compliant with the rules for admitted carriers. In fact, Lloyds writes more commercial insurance premiums than any other insurer in Texas, and alone accounts for nearly one-quarter of all surplus lines insurance premiums written in Texas through 2015.

In its petition, the church alleges various violations of the Texas Insurance Code by all three defendants. It also alleges that the defendants failed to properly explain why they had denied the claim and that they failed to conduct a reasonable investigation into the property damage.

Bad Faith Wind Insurance Denial Claims

The church also alleges breach of contract and bad faith on the parts of all defendants. They also allege significant violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA), and Texas fraud laws. The complaint seeks to recover more than $1 million in damages, as well as interest and attorneys’ fees, in addition to punitive damages for bad faith.