Raizner Slania has filed a bad faith insurance lawsuit on behalf of a Dallas County condominium association against Peleus Insurance Company, Strata Claims Management, and Engle Martin & Associates. The plaintiff’s wind and hail damage insurance claim was wrongfully denied under Texas law.
March 2016 Wind and Hail Storm
On March 23, 2016, a wind and hail storm swept through Dallas County. The storm caused substantial damage to the roofs, exteriors, and interiors of the property. Immediately upon discovering the damage, the plaintiff filed an insurance claim with Peleus.
In response to the claim, Peleus assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequately and improperly trained. Specifically, Peleus assigned both Strata and Engle Martin to adjust the claim. Strata and Engle Martin in turn assigned the claim to two adjusters.
The adjusters performed a substandard inspection of the property and failed to prepare any estimates or scope of damages or failed to provide them to the plaintiff. Strata, Engle Martin, and the adjusters continually delayed the claims process and did not communicate with the insured during the process.
Strata, Engle Martin, and the adjusters deliberately misevaluated the damage by claiming it was cosmetic only, instead of acknowledging the widespread compromising of the roof systems, necessitating full repairs and replacement. The adjusters further caused additional damages themselves at the site inspection by foot damaging unsupported areas of the roofs.
Strata, Engle Martin, and the adjusters performed an inadequate, incomplete, and unreasonable investigation of the claim. Peleus relied solely on Strata, Engle Martin, and the adjusters when determining what amounts, if any, to pay on the claim. As a result, the plaintiff’s wind and hail damage claim was wrongfully denied.
Violations of the Texas Insurance Code
Our client alleges numerous violations of the Texas Insurance Code, including the failure to effectuate a prompt, fair, and equitable settlement of a claim and misrepresentation of the insurance policies under which it affords property coverage to the plaintiff. Additionally, our client alleges violations of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA).
Dallas County Hail Damage Attorneys
Insurance companies use a variety of bad faith tactics to avoid paying out on valid claims. Not only is this wrong, it’s illegal. If your wind and hail damage claim has been denied, delayed, or grossly underpaid, the Dallas County hail damage attorneys at Raizner Slania can help. Our attorneys have helped commercial property owners across the country get their rightful payments under their policies. Contact us today for a free consultation to discuss your case.
