Raizner Slania filed a lawsuit on behalf of a local apartment complex owner against Westchester Surplus Lines Insurance Company and Engle Martin and Associates after its commercial hail damage insurance claim was wrongfully denied under Texas law.
May 2014 Harris County Hail Storm
On May 28, 2014, a hail storm swept through Harris county, causing substantial damage to the exteriors, interiors, roof, HVAC, and other structures on the plaintiff’s property. Immediately upon discovering the damage, the plaintiff filed an insurance claim for the damage caused by the storm.
April 2015 Windstorm
A second wind and hail storm struck the plaintiff’s property on April 19, 2015, causing further damage. Again, the plaintiff immediately filed an insurance claim asking the damages be covered pursuant to its policy. In response to the claims, Westchester hired adjusters, consultants, and agents that were inadequate and improperly trained. Specifically, Westchester assigned the claim to Engle Martin and Associates as the third party adjusting firm to handle the claim, which in turn assigned the claim to its internal adjuster.
The internal adjuster conducted an unreasonable and inadequate investigation and denied the existence of any wind and hail damage to the roofs, windows, HVAC, interior, and structures. The internal adjuster refused to accept damages from the May 2014 hail storm, and what damages the internal adjuster did accept were grossly undervalued.
Engle Martin and its internal adjuster refused to engage competent consultants to evaluate the damage and chose to ignore submissions from forensic weather consultants confirming the covered wind and hailstorms in question at the subject location.
As a result of the haphazard investigation, Westchester wrongfully denied and delayed payments for property repairs. Westchester grossly underestimated the damages to the property and incorrectly claimed the damages fall under the policy deductible.
The Insurance Carrier 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, failure to implement reasonable standards for the investigation of a claim, and refusal to pay a claim without conducting a reasonable investigation.
If your insurance carrier denied, delayed, underpaid, or disputed a Texas apartment complex hail damage claim, you need an experienced team of insurance lawyers to help you get the compensation you deserve. The attorneys at Raizner Slania have been extremely successful in obtaining fair compensation for victims of bad faith insurance practices. Call us today to schedule a free consultation to discuss your case.