Raizner Slania has filed a bad faith insurance lawsuit on behalf of a Denton County gas station and convenience store after Nationwide Property & Casualty Insurance Company wrongfully denied its commercial hail damage insurance claim.
March 2016 Hailstorm
On March 23, 2016, a wind and hailstorm swept through Denton County, Texas. As a result, the plaintiff’s property was substantially damaged, including damage to the roof, exterior, interior, products, and other business property. Immediately upon discovering the damages, the plaintiff filed an insurance claim with Nationwide to cover the cost of repairs pursuant to the policy.
In response to the claim, Nationwide assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, Nationwide assigned the claim to an adjuster who was charged with the responsibility of assessing the damages. The adjuster performed a haphazard investigation of the damages and prepared a grossly undervalued estimate of damages to the structure that ignored obvious damages to the property. Additionally, the adjuster failed to engage appropriate, non-biased consultants to evaluate the damage.
Nationwide relied solely on the adjuster’s incomplete and inadequate investigation to determine what amounts to pay on the claim. As a result, the plaintiff was grossly underpaid for the cost of repairs and has been unable to complete repairs to the property. Nationwide misrepresented coverage under the policy to the plaintiff, stating that certain damages were not covered, when in fact they were.
Nationwide Violated 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 and failure to implement reasonable standards for the investigation of claim. Additionally, our client alleges Nationwide violated the Deceptive Trade Practices-Consumer Protection Act (DTPA), which provides additional protections to consumers who are the victims of deceptive, improper, or illegal practices.
Know Your Rights As A Policyholder
If your gas station or convenience store has suffered hail damage, your insurance company should pay to cover the cost of repairs. Unfortunately many insurance companies try to find ways to minimize payouts. When this happens, you will need an experienced Texas insurance lawyer to help you get your rightful compensation. If you are facing a dispute over an insurance claim, contact Raizner Slania today to discuss your rights.
