Category: Lawsuits Filed

Hurricane Harvey wind damage insurance lawsuit

Katy, Texas Motel Owner Files Hurricane Harvey Wind Damage Insurance Lawsuit

Posted by Jeff Raizner on

Raizner Law has filed a Hurricane Harvey insurance lawsuit on behalf of a Katy, Texas Motel owner against Arch Specialty Insurance Company after its insurance claim was wrongfully denied.

The plaintiff owns and operates a two-story motel in Katy, Texas that houses a lobby, 200 guest rooms, and laundry facilities. On August 25, 2017, one of the most devastating storms in United States history, Hurricane Harvey, came ashore as a Category 4 hurricane. Hurricane Harvey had wind speeds up to 150 miles per hour. As a result of these extreme winds, Harvey caused significant damage to the plaintiff’s motel. Sizable portions of the property’s roof were compromised by wind, which caused further damage to the interiors, including the windows, drywall, insulation, and flooring.

Immediately upon discovering the damage, the plaintiff filed an insurance claim with Arch and asked that the cost of repairs be covered pursuant to the policy. Arch utilized a preferred vendor to inspect the property on September 7, 2017. Arch denied the claim on December 10, 2017. According to the preferred the vendor for Arch, the claim was denied on the basis that “the roof system and building envelope did not sustain wind damage, which would have allowed water to enter. Further, the water entry is a direct result of water entering in the building through already present deficiencies in the roof and envelope systems.” To date, Arch has refused to pay for the property damage. As a result of Arch’s unreasonable denial, the plaintiff has suffered extreme economic hardship.

Violations of 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 pay a claim without conducting a reasonable investigation, and misrepresentation of the policy under which it affords coverage to the plaintiff.

Get Help With Your Hurricane Harvey Wind Damage Insurance Lawsuit

Even a year after Harvey’s landfall, many business owners are still struggling to put their lives back together. If your insurance company has delayed, underpaid, or outright denied your Hurricane Harvey wind damage claim, Raizner Law can help. We are experienced insurance lawyers who are already helping hundreds of policyholders with their Hurricane Harvey wind damage insurance lawsuits. Call us today to schedule a free appointment with one of our lawyers to discuss your Hurricane Harvey wind damage insurance lawsuit.

Hail Damage Insurance Claim

Raizner Law Files Hail Damage Insurance Lawsuit On Behalf of Apartment Complex Owner

Posted by Jeff Raizner on

Raizner Law has filed a hail damage insurance lawsuit on behalf of a Texas apartment complex owner against Houston Casualty Company, QBE Insurance Corporation, Aspen Specialty Insurance Company, Hiscox Incorporated, Westchester Surplus Lines Insurance Company, Underwriters at Lloyd’s London, Internal Insurance Company of Hanover SE, Alterra Excess & Surplus Insurance Company, Interstate Fire & Casualty Company, RSUI Indemnity Company, and Engle Martin and Associates (collectively “the insurers”).

Two Hail Storms Damage Apartment Complex

On December 27, 2015 and again on May 10, 2016, a hail storm swept through Hurst, Texas and caused significant damage to the plaintiff’s property. The hail storm caused extensive damage to the apartment complex’s roof that was so extensive large sections of shingles were missing from the roof systems. In response to the damage, the plaintiff has made numerous repairs to the roof and tarped large sections of the roof to mitigate damages. Unfortunately, the interior damages continue because of roof leaks due to the insurers’ low ball estimate and failure to pay the claim.

Upon discovering the damage, the plaintiff filed an insurance claim with the insurers. In response to the claim, the insurers assigned the claim to Engle Martin who in turn assigned the claim to internal adjusters. The adjusters were improperly trained and failed to perform a thorough investigation of the claim, spending an inadequate amount of time inspecting the plaintiff’s property. The damages the adjuster included in the report were grossly undervalued and did not allow for adequate funds to cover the cost of repairs for all damages sustained. The adjusters failed to perform any of the industry standard tests for hail and wind damage during their inspections. For example, the adjusters neither conducted test squares nor did the adjusters perform brittleness tests.

As a result of the mishandling of the plaintiff’s claim, the plaintiff has experienced a delay in fully repairing the property, which has caused additional damages. To this date, the plaintiff has yet to receive the full payment it is entitled to under its policy. The majority of the apartment units at the property continue to leak from the wind and hail damaged roofs. The adjusters handling the claim refused to consider any interior damages when conducting their inspection of the property, failing to inspect the interior of the apartment complex.

Violating Texas Insurance Law

The insurers and the third party adjusting firm handling the claim violated numerous sections of the Texas Insurance Code. Our client alleges they failed to perform to a prompt, fair, and equitable settlement of a claim, misrepresented the policy under which they afford property coverage to the plaintiff, and denied a claim without conducting a reasonable investigation.

Get Help With Your Hail Damage Insurance Claim

At Raizner Law, our insurance attorneys believe that if you pay regularly pay your premiums, you deserve full protection under your policy. We know all of the bad faith tactics insurance companies employ to avoid paying out on claims and we can help you obtain complete compensation. Contact us today to schedule a free consultation to discuss your hail damage insurance claim.

Hail Damage Insurance Lawsuit

Raizner Law Files Bad Faith Hail Damage Insurance Lawsuit On Behalf of Commercial Property Owner

Posted by Jeff Raizner on

Raizner Law has filed a bad faith insurance lawsuit on behalf of a Laredo, Texas commercial building owner against United Fire & Casualty Company after its hail damage insurance claim was wrongfully denied under Texas law.

May 2017 Hailstorm

The plaintiff owns and operates three commercial properties in Webb County, Texas. On May 21, 2017, a wind and hail storm ripped through Laredo and Webb County, causing significant damage to the plaintiff’s buildings. As a result of the hail and windstorm, the properties were substantially damaged. Sizeable portions of the properties’ roofs were compromised by hail and wind. As a result of the roof damages, the properties also sustained interior damages.

Immediately upon discovering the damages, the plaintiff filed an insurance claim with United Fire and asked that the cost of repairs be covered pursuant to its policies. United Fire’s claims-handling process resulted in a wrongful denial that omitted a wealth of facts, physical evidence, obvious hail and wind damages, and meteorological data supporting the plaintiff’s claims. United Fire unreasonably pinned the loss on anything but the hail and wind, an action designed to save the company hundreds of thousands of dollars in damages to the properties and the businesses.

United Fire assigned two claims adjusters to adjust the claim who were unqualified and incapable of adequately assessing the damages to these types of commercial properties. These adjusters were also the source of many delays throughout the claims process. United Fire and its adjusters took months to even inspect the properties or attempt to assess the damages. United Fire continued to delay the claim resolution and did not provide the insured with answers to its repeated requests for information about its pending claims.

United Fire ultimately denied the claims on March 20, 2018, despite the fact that wind and hail damages were obvious and that liability under the policy was reasonably clear. Their conclusions, denials, and refusal to acknowledge or pay the claim were based on an outcome-oriented investigation aimed at denying the plaintiff’s claims from the outset. United Fire, its adjusters, and consultants ignored obvious catastrophic hail and wind damage to the properties and refused to consider that hail and wind were actually the source of obvious damages. The claims adjustment process was unnecessarily complicated, disorganized, and conducted behind closed doors until United Fire ultimately wrongfully refused to compensate its insured for any of the obvious covered damages under the policy.

United Fire & Casualty Company Violated Texas Law

To this day, United Fire has refused to pay for any covered damages under the policy. United Fire violated numerous sections of the Texas Insurance Code, including failure to effectuate the prompt, fair, and equitable settlement of a claim and failure to provide promptly a reasonable explanation for the denial of a claim. Our client also alleges United Fire violated the Texas Deceptive Trade Practices Act (DTPA).

Get Help With Your Hail Damage Insurance Lawsuit

If your insurance company has delayed, underpaid, or outright denied your hail damage claim, the experienced insurance lawyers at Raizner Law can help with you with your hail damage insurance lawsuit. Contact us today to schedule a free consultation to see how we can help with your hail damage insurance lawsuit.

Hurricane Harvey Wind Damage Lawsuit

Raizner Law Files Hurricane Harvey Wind Damage Lawsuit One Year After The Storm

Posted by Jeff Raizner on

One year after the devastation wrought by Hurricane Harvey, Raizner Law has filed a Harvey wind damage lawsuit on behalf of a Houston condominium complex owner against AmRisc LLC, Certain Underwriters at 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, and the International Insurance Company of Hannover SE.

The insurance carriers, through the program design and management of AmRisc, sold a commercial property policy the plaintiff whereby the carriers would provide insurance coverage for the property. On August 26, 2018, Hurricane Harvey reached Houston and caused devastating damage. Hurricane Harvey damaged the roofing system, drywall, flooring, and other parts of the property. Immediately upon discovering the damage, the plaintiff filed a claim with the carriers and asked the cost of repairs be covered pursuant to the policy.

The insurance carriers, through AmRisc, assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, AmRisc, on behalf of all carriers, assigned the claims to a third party adjusting firm. In turn, the third party adjusting firm assigned the claim to its internal adjuster. The internal adjuster conducted an unreasonable and inadequate investigation. The claim process, inspections, and results were continuously delayed starting the day the claim was made. The carriers, Amrisc, and their agents reassigned the claim to different adjusters, refused to provide the insured with answers, ignored obvious damages at the property, and misrepresented policy benefits, all while the property sat in disrepair and they refused to issue any payments whatsoever.

Nearly two months after Hurricane Harvey hit, the internal adjuster performed a haphazard inspection of the property. Without relying on any qualified consultants whatsoever, the third party adjusting firm and its internal adjuster valued the hotel’s damages at $8,897.93, a number well below the policy deductible. The carriers relied on these findings and willfully refused to do their own investigation to verify the obvious damages. The carriers, AmRisc, and the third party adjusting firm all failed to pay or adjust the claim appropriately after liability was reasonably clear. Over the next several months, the claim was delayed under the guise of “additional investigation,” aimed at ultimately denying the plaintiff’s claim despite obvious evidence to the contrary. The carriers and AmRisc continued to bounce the claim around internally while refusing to provide answers to the plaintiff regarding covered damages. The carriers eventually wrongly denied the Hurricane Harvey commercial property damage insurance claim.

Violating the Texas Insurance Code

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 failure to affirm or deny coverage of a claim to a policyholder within a reasonable time.

Get Help With Your Hurricane Harvey Wind Damage Lawsuit

It’s been just over a year since Hurricane Harvey devastated much of Texas, but many property owners are still struggling to rebuild because insurance companies aren’t paying out on valid claims. Get help with your Hurricane Harvey wind damage lawsuit today. Call Raizner Law for a free consultation to see how we can help.

Hurricane Harvey Insurance Lawyers

Victoria, Texas Hotel Owner Files Hurricane Harvey Insurance Lawsuit

Posted by Jeff Raizner on

Raizner Law has filed a Hurricane Harvey Insurance Lawsuit on behalf of a Victoria, Texas hotel owner against Palomar Specialty Insurance Company after its insurance claim was wrongfully denied under Texas Law.

Hurricane Harvey Causes Catastrophic Damage

On August 25, 2017, Hurricane Harvey made landfall in Texas and caused widespread damage. Our client’s Texas hotel is a two-story structure that contains a main lobby, offices, a restaurant, conference rooms, and 126 hotel rooms. When Hurricane Harvey swept through Victoria, Texas, the storm caused significant damage to the property. Sizeable portions of the property’s roof were compromised by wind. As a result, there was also interior damage to HVAC, ceiling, insulation, flooring, and drywall. Immediately upon discovering the damages, the plaintiff filed an insurance claim with Palomar.

Palomar’s claims-handling process resulted in a wrongful denial that omitted a wealth of facts, physical evidence, obvious wind damage, and meteorological data from Hurricane Harvey supporting the plaintiff’s claim. Palomar unreasonably pinned the loss on anything but the wind, an action designed to save Palomar hundreds of thousands of dollars in damages to the property and the business.

Palomar assigned an internal adjuster to handle the claim who was located in Indiana. The internal adjuster was unqualified, incapable of adequately assessing the damages to the property, and was the source of many delays throughout the claims process. After utilizing a preferred vendor to inspect the property in December, four months after Harvey hit, Palomar and the internal adjuster continued to delay claim resolution and ignored the insured’s requests for updates. The plaintiff and its representative continued to press Palomar for updates and/or an estimate of damages after their inspection, but they declined and ignored the requests. Two months after the inspection, three months after the initial inspection, and after the plaintiff’s representative continuously pressed Palomar and the internal adjuster for updates, the internal adjuster simply said Palomar was “still reviewing” the claim. Palomar eventually denied the claim in February 2018.

Violating the Texas Insurance Code

Palomar made numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to adopt and implement reasonable standards for the investigation of a claim, and refusal to pay a claim without conducting a reasonable investigation.

Hurricane Harvey Insurance Lawyers

Policyholders that regularly pay their premiums deserve full coverage under their policies in the event of a natural disaster. If your business was damage by Hurricane Harvey and the insurance company has delayed, underpaid, or outright denied your claim, contact Raizner Law today for a free consultation.

Hail Damage Insurance Lawsuit

Bexar County Strip Mall Owner Files Hail Damage Insurance Lawsuit

Posted by Jeff Raizner on

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.

Bexar County Hail Damage Insurance Lawyers

If your insurance company has delayed, underpaid, or denied your commercial hail damage insurance claim, call the Bexar County hail damage insurance lawyers at Raizner Law today. We can help you get what you are owed under your policy.