Our client, a multi-family apartment owner, was forced filed a lawsuit against Peleus Insurance Company and Engle Martin & Associates after its wind and hail damage insurance claim was wrongfully denied.
March 2016 Wind and Hail Storm
On March 17, 2016, a severe wind and hailstorm swept through Dallas County and caused significant damage to the roof, exterior, and interior of plaintiff’s property. Immediately upon discovering the damage, the plaintiff filed a commercial property damage insurance claim with Peleus for damages caused by the storm. In response to the claim, Peleus assigned inadequately trained adjusters, consultants, and agents to the plaintiff’s file. Specifically, Peleus assigned the claim to Engle Martin.
Engle Martin failed to perform a thorough inspection of the property and grossly underestimated the extent and value of damages to the property. Engle Martin refused to hire any Texas-licensed and qualified engineers or other experts to properly assess the commercial property damage.
Engle Martin performed an inadequate, incomplete, and unreasonable investigation of plaintiff’s claim, evidenced by delays, lack of communication, refusal to hire to appropriate consultants, and an estimate that fails to account for the necessary repairs to the property. As a result of the haphazard investigation, Peleus wrongfully underpaid and denied large portions of plaintiff’s claims for property repairs. Peleus also underestimated the damages it did accept during the investigation.
As a result, the plaintiff was forced to hire its own consultant to independently evaluate its property damage. The plaintiff’s own expert identified substantial damage far beyond what Peleus acknowledged. To this day, Peleus refuses to pay for the necessary repairs to the property as required under its insurance policy, and as such, plaintiff has not been fully compensated since the hailstorm.
The Insurance Carrier Acted In Bad Faith
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 implement reasonable standards for investigation of a claim, and refusal to pay a claim without conducting a reasonable investigation.
Texas Wind and Hail Damage Attorneys
If your insurance carrier has denied, delayed, underpaid, or disputed a Texas commercial property damage claim, you need an experienced team of insurance lawyers to help you get the compensation you deserve. The trial lawyers at Raizner Slania have helped scores of policyholders obtain rightful payments from insurance companies due under their policies. Contact us today for a free consultation to discuss your case.