Raizner Slania LLP has filed a lawsuit on behalf of a condominium association against Texas Windstorm Insurance Association after its Galveston County Hurricane Harvey wind damage insurance claim was wrongfully denied.
Hurricane Harvey Slams Into Texas Coast
Hurricane Harvey came ashore as a Category 4 hurricane and devastated the Texas coast. When Hurricane Harvey swept through Galveston, Texas, the city and its inhabitants experienced severe gusts of wind up to 54 miles per hour. As a result of Hurricane Harvey’s devastating winds, the building suffered damage to the interiors, exteriors, lighting, elevators, security cameras, and roofing systems, among other components. Immediately upon discovering the damage, the plaintiff filed an insurance claim with Texas Windstorm and asked that the cost of repairs be covered pursuant to the policy.
In response to the claim, Texas Windstorm sent an adjuster to the property on September 29, 2017, who personally observed substantial wind damage resulting from Hurricane Harvey. However, Texas Windstorm relied upon an engineer from BSC Forensics who concluded the damage was not storm related, but instead resulted from long-term trapped moisture, installation deficiencies, and other excuses.
Despite clear evidence of covered damage, Texas Windstorm engaged in and ratified this improper claims conduct and ultimately approved a gross underpayment of the contractual damages. Texas Windstorm instead unreasonably blamed the loss on causes other than wind to avoid contractual responsibilities and to save in excess of $1,000,000. The plaintiff cooperated throughout the claim process and even had consultants meticulously point out the extent of the damages covered by the subject policy.
Texas Windstorm chose to ignore obvious damages to the property. The plaintiff was forced to hire its own representative and demand re-inspections and re-evaluations of the obvious damages to the property that Texas Windstorm ignored.
Texas Windstorm Violated The Texas Insurance Code
Our client alleges Texas Windstorm violated the Texas Insurance Code by failing to adequately pay the claim as it is obligated to do under the terms of the policy in question and under the laws in the State of Texas. Our client also claims Texas Windstorm mishandled the plaintiff’s claim to their detriment by intentionally failing to meet the deadlines or timelines established under subchapter L-1 of Chapter 2210 of the Texas Insurance Code.
Hurricane Harvey Wind Damage Lawyer
Insurance companies have no right to wrongfully deny or underpay valid claims. If you did not receive fair compensation from your Hurricane Harvey wind damage insurance claim, contact Raizner Slania LLP today. Our experienced insurance lawyers can help you get what you deserve under your policy. Call us today to schedule a free consultation to discuss your case.
