Our client, a retail building owner, has filed an insurance lawsuit against Lexington Insurance Company, Clear Blue Specialty Insurance Company, Arch Specialty Insurance Company, James River Insurance Company, Landmark American Insurance Company, Aspen Specialty Insurance Company, Sompo American Insurance Company, and McLarens, Inc. The carriers wrongfully denied the plaintiff’s commercial hail damage insurance claim under Texas law.
June 2013 Hailstorm
On June 5, 2013, the plaintiff’s property was substantially damaged by a wind and hailstorm that swept through Harris County. The storm caused damage to the roof, HVAC, exterior, and interior of the property. Immediately upon discovering the damage, the plaintiff filed an insurance claim with the carriers for damages caused by the storm.
In response to the claim, the carriers assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, the carriers assigned the claim to McLarens, Inc. who in turn assigned the claim to an employee.
McLarens and its employee failed to perform a thorough investigation of the claim. The employee performed a substandard inspection of the property, failed to prepare any estimates or scopes of damages to the property, and/or failed to provide them to the insured. The employee falsely claimed the damage was merely cosmetic, however an adequate investigation would have proved otherwise.
Based on the employee’s haphazard investigation, the carriers grossly underpaid and wrongly denied the plaintiff’s insurance claim. The carriers represented to the plaintiff that some damages were not covered under the policy, when in fact they were. The plaintiff was forced to hire its own consultant to independently evaluate the damages to the property because the carriers refused to do so.
Violations of the Texas Insurance Code
Our client alleges the carriers violated the Texas Insurance Code by failing to effectuate a prompt, fair, and equitable settlement of a claim, failing to adopt and implement reasonable standards for prompt investigation of a claim, and failing to affirm or deny coverage of a claim within a reasonable time.
Texas Insurance Lawyers
When you pay your premium, you deserve to be compensated by your insurance company in the event of natural disaster. If your insurance carrier delayed, denied, or undervalued your claim, the Texas insurance lawyers at Raizner Slania can help. Call us today for a free consultation to discuss your case.
