Raizner Law has filed a hail damage insurance lawsuit on behalf of a Bexar Country strip mall owner against Great Lakes Reinsurance (UK) SE, Certain Underwriters at Lloyd’s London, Alterra America Insurance Company, Aspen Specialty Insurance Company, Indian Harbor Insurance Company, Starr Surplus Lines Insurance Company, Commercial Industrial Building Owners Alliance, Inc., Ironshore Specialty Insurance Company, Homeland Insurance Company of New York, Claims Adjusting Group, Inc., and Atain Specialty Insurance Company.
April 2016 Hailstorm
On April 13, 2016, a severe hail and wind storm swept through Bexar County, Texas. The storm caused significant property damage, including extensive damage to the roof, interior, HVAC systems, and siding. Immediately upon discovering the damage, the plaintiff filed an insurance claim with its carriers and requested the cost of repairs be covered, including replacement of the roof, interior, HVAC systems, siding, and loss of income. The damage to the plaintiff’s roof was so severe that one of the tenants who had signed a five-year lease just two weeks prior to the storm terminated its lease.
In response to the claim, the carriers assigned adjusters that were inadequately and improperly trained to assess this type of claim. These adjusters failed to perform a thorough claim investigation, spending an inadequate amount of time inspecting the property.
The adjusters’ report failed to include all of the storm damage noted upon inspection. The damages the adjusters included in the report were grossly undervalued and did not allow for adequate funds to cover the cost of repairing all sustained damages. Furthermore, the adjusters refused to acknowledge the extensive damage to the roof, interior, siding, and HVAC units and misrepresented that the HVAC units and roof contained minimal damage and did not require full replacement. The carriers failed to thoroughly review and properly supervise the work of their assigned adjusters, which ultimately led to an improper adjustment and an inadequate, unfair settlement of the plaintiff’s claim.
The Insurance Carriers Acted In Bad Faith
Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate the prompt, fair, and equitable settlement of a claim, refusal to pay a claim without conducting a reasonable investigation, and misrepresentation of the policy under which it affords property coverage to the plaintiff. Our client also alleges the carriers violated the Texas Deceptive Trade Practices-Consumer Protection Act.