Our clients, the owners of a Lubbock area apartment complex, filed suit against Aspen Specialty Insurance Company, Chubb Custom Insurance Company, Lloyds of London, and Vericlaim Inc., in Dallas County, Texas. Our client was forced to file this lawsuit after claims filed with its insurance companies for hailstorm damages that were not properly paid according to Texas law.
August 2014 Lubbock, Texas Hailstorm Damages Commercial Property
On August 28, 2014, a hailstorm caused significant property damage in Lubbock, Texas, including damage to the plaintiffs’ roof, exteriors, HVAC, and other structures on the property. Upon discovering the damage, plaintiffs immediately filed insurance claims under their policies with the insurance carriers for damages caused by the hail.
The insurance carriers assigned adjusters, consultants, and agents to the commercial property hailstorm damage claim. Specifically, they assigned Vericlaim Inc., who in turn assigned an adjuster to inspect the damage. Our client alleges that the adjuster performed substandard inspections of the property and failed to prepare any estimates of the damage. Our client’s representatives pointed out obvious damages to the adjuster, but they were ignored. Our client was then forced to demand a re-inspection of the property several times. In response, the adjuster hired a consultant who is not licensed with the Texas Department of Insurance to estimate repairs on the property. This unlicensed consultant grossly underestimated the extent and the value of the hailstorm damage.
The Insurance Carriers Violated Texas Law and Acted in Bad Faith
The insurance carriers wrongfully underpaid and denied large portions of our client’s property claims for repairs under the policy. Because of this, our client hired its own consultant at its own expense to independently evaluate the property damage. Our client’s consultant identified substantial damage far beyond what the insurance carriers acknowledged. Despite this, the insurance carriers still refused to pay for the necessary repairs to the property as required under the terms of the insurance policy and under Texas law.
Our client cites numerous violations of the Texas Insurance Code, mostly involving a failure to timely commence investigation of the claim, acting in bad faith by misinterpreting the insurance policy, making misleading statements about several aspects of the claim, breach of contract, breach of duty of goof faith and fair dealing, as well as violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA).
Hailstorm Property Damage Attorneys
If your commercial insurance carrier has denied, delayed, or disputed a hail damage insurance claim, an experienced insurance litigation attorney at Raizner Slania can help. Our lawyers have earned nationwide recognition for helping policyholders succeed in obtaining their rightful financial payments from insurance companies that operate in bad faith. Please contact us today for a free initial consultation. We handle all bad faith insurance litigation cases on a contingency fee basis, meaning you will not pay us anything unless we help you recover on your claim.
