Tag: Harris County

Harris County Hail Damage Insurance Lawyers

Local Apartment Complex Owner Files Hail Damage Insurance Lawsuit

Raizner Slania has filed a hail damage insurance lawsuit on behalf of local apartment complex owners against AmRisc, LLC, Certain Underwriters of Lloyd’s, London, Indian Harbor Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, General Security Indemnity Company of Arizona, United Specialty Insurance Company, Lexington Insurance Company, Princeton Excess and Surplus Lines Company, International Insurance Company of Hannover, and Vericlaim, Inc.

January 2016 Harris County Wind and Hailstorm

On January 28, 2016, a severe wind and hailstorm swept through Harris County, causing substantial damage to the local apartment complexes. As a result, the exteriors, roofs, building interiors, HVAC units, and other structures of the properties were damaged. Immediately upon discovering the damages, the plaintiffs filed insurance claims under their policy with various carriers to cover the cost of repairs.

Underwriters of Lloyd’s, Indian Harbor, QBE, Steadfast, General Security Indemnity, United Specialty Insurance, Lexington, Princeton and the International Insurance Company of Hannover were the carriers on the policy. AmRisc was the program manager and it packaged a number of similar properties into the substandard insurance program at issue in the case. In response to the claim, the carriers assigned the claim to Vericlaim, who in turn assigned the claim to an internal adjuster.

Vericlaim and its internal adjuster conducted an unreasonable and inadequate investigation and denied any wind and hail damage to the roofs, windows, HVAC units, interior, and other structures of the properties. Additionally, they also grossly undervalued what damage they did accept. Specifically, the internal adjuster ignored or rejected facts, physical indicators, photos, and historical building reports confirming reasonably clear coverage for the wind and hail damage to the properties.

The internal adjuster assigned unqualified and biased consultants to the claim and failed to do his own investigation of damages to the properties. The carriers relied on Vericlaim’s incomplete and inadequate investigation to determine what amounts, if any, to pay on the claim. As a result, no payments have been issued under the policy.

The Carriers Acted In Bad Faith

Our client cites numerous violations of the Texas Insurance Code, including failure to attempt to effectuate a prompt, fair, and equitable settlement of a claim, failure to adopt reasonable standards for a claim, and failure to provide a reasonable explanation for the denial of claim.

Surplus Lines Insurers

In the Texas commercial insurance market, an increasing number of policies come from surplus lines insurers. Surplus lines insurers are typically really just a front – file drawer entity – and most or all of the true insurance risk is ceded to unauthorized foreign reinsurers that are neither licensed in the state nor legally authorized to conduct the business of insurance in the state. With very few regulations and very little oversight, these surplus lines insurers operate in a gray area of the market and often use bad faith insurance tactics to avoid costly payouts.

Harris County Hail Damage Insurance Lawyers

Raizner Slania is experienced in fighting insurance companies and surplus lines insurers who operate in bad faith. We handle all commercial hail damage insurance litigation on a contingency fee basis, so you owe us nothing unless we help you recover financial damages. If your commercial hail damage insurance claim has been denied, delayed, or underpaid, contact us today to schedule a free consultation.

Harris County Hail Damage Lawsuit Attorneys

Harris County Hotel Owner Files Hail Damage Insurance Lawsuit

Raizner Slania has filed a hail damage insurance lawsuit on behalf of a Harris County hotel owner against Liberty Mutual Insurance Europe, Ltd. and Engle Martin & Associates.

April 2015 Hailstorm

On April 19, 2015, a severe hailstorm swept through Harris County and caused substantial damage to the plaintiff’s property. In addition to the hailstorm, that same week there were three days of high winds that also impacted the property. As a result, the roof, HVAC, stucco, windows, exterior, and interior of the property were damaged.

Immediately upon discovering the damage, the plaintiff filed an insurance claim with Liberty Mutual to cover the cost of repairs to the property. Liberty Mutual assigned adjusters, consultants, and agents that were inadequate and improperly trained. Specifically, Liberty Mutual assigned the claim to Engle Martin & Associates as the third party adjusting firm to handle the claim, and Engle Martin in turn assigned the claim to its internal adjuster.

The internal adjuster was given investigative responsibility and certain decision-making authority, although he would have no authority to issue a significant claim payment, only a denial.

The adjusting firm and its internal adjuster conducted an unreasonable and inadequate investigation and denied any wind, hail, and water damage to the roof, HVAC, stucco, windows, exterior, and interior. He also grossly undervalued what damage he did accept. Specifically, the internal adjuster ignored facts supporting the plaintiff’s assertions of covered wind, hail, and water damages in April 2015 and instead only accepted facts that would support the pre-determined denial of the property damage.

Because of the internal adjuster’s haphazard investigation, no payments have been issued under the policy. Liberty Mutual and Engle Martin wrongfully denied the insurance claim and delayed the plaintiff’s claim for property repairs. This caused the plaintiff significant economic impact, worry, distress, and continuing economic and physical damage.

The Insurance Claim Was Wrongfully Denied Under Texas Law

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 promptly provide a reasonable explanation for the denial of a claim, and failure to pay a claim without conducting a reasonable investigation.

Harris County Hail Damage Lawsuit Attorneys

Policyholders who pay their premiums are entitled to the coverage provided under their policies. If your insurance carrier has grossly underpaid or wrongfully denied your hail damage claim, the experienced Houston hail damage lawsuit attorneys at Raizner Slania can help. Contact us today to schedule a free consultation.

Damage Claim

Harris County Hail Damage Lawsuit

Our client, a local hotel owner, was forced to file a lawsuit against Arch Specialty Insurance Company (Arch) after its hail damage insurance claim was wrongfully denied under Texas law.

April 2015 Hailstorm in Texas

On April 17, 2015, a severe hailstorm swept across Harris County and caused substantial damage to the plaintiff’s roof, exteriors, and interiors of the property. Immediately after the storm, the plaintiff filed a commercial insurance claim under its policy with Arch for damages caused by the hail. In response to the claim, Arch assigned representatives, adjusters, consultants, and agents to the plaintiff’s file. Specifically, Arch assigned a local adjuster with McLarens Global Claims Services. The local adjuster was inadequately trained to handle this type of claim and failed to perform a thorough investigation.

The local adjuster refused to acknowledge all of the damages to the property and did not prepare any estimates or scope of damages to the property or failed to provide those to the plaintiff. Without an estimate or scope of damages, the plaintiff was forced to prepare its own estimates for the local adjuster. The local adjuster ignored the plaintiff’s estimates and instead retained biased consultants who were not registered with the Texas Department of Insurance.

The local adjuster represented to the plaintiff that the hail damage did not occur during Arch’s policy period and was therefore not covered. As a result of the local adjuster’s haphazard inspection, misrepresentations, and inadequate investigation, Arch wrongfully denied the plaintiff’s hail damage insurance claim. Because of this, our client was forced to retain an attorney to prosecute its rightful claim for insurance benefits.

Arch Insurance Violated The Texas Insurance Code

Our client cites Arch’s numerous violations of the Texas Insurance Code, including failing to implement reasonable standards for a prompt investigation of claims arising under its policies, refusal to pay a claim without conducting a reasonable investigation with respect to the claim, and misrepresentation of the insurance policy under which it affords property coverage.

Texas Commercial Property Insurance Lawyers

If your insurance carrier wrongfully denied or grossly underpaid your Texas commercial property damage insurance claim, the experienced attorneys at Raizner Slania can help. We’ve helped policyholders across Harris County, throughout Texas, and around the country get the rightful payments they deserve under their insurance policies. Call us today for a free consultation to discuss your case.