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.