Our client, a local multi-story hotel tower owner, was forced to file a lawsuit against Everest Indemnity Insurance Company and Engle Martin after its commercial property damage insurance claim was wrongfully denied under Texas law.
April 2016 Windstorm
On April 18, 2016, a severe windstorm swept through Harris County and caused substantial damage to the roof, exterior, and interior of the plaintiff’s property. Immediately upon discovering the damage, the plaintiff filed an insurance claim with Everest for the damages caused by the windstorm. In response to the claim, Everest assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequately and improperly trained.
Specifically, Everest assigned the claim to Engle Martin, who in turn assigned the claim to an adjuster. The adjuster and Engle Martin failed to perform a thorough investigation of the claim. The adjuster performed a substandard inspection of the property and failed to prepare any estimates or scopes of damages. The employee and Engle Martin also failed to hire qualified experts to properly assess the damage.
The employee and Engle Martin performed an inadequate, incomplete, and unreasonable investigation of the plaintiff’s claim, which Everest relied exclusively on to determine what amounts, if any, to pay on the claim.
As a result of the haphazard investigation, the plaintiff’s claim was denied. Everest represented to the plaintiff that the 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 property damage because Everest and Engle Martin refused to do so.
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 investigation of a claim, and refusal to pay a claim without conducting a reasonable investigation. Additionally, our client also cites violations of the Texas Deceptive Trade Practices-Consumer Protection Act.
Raizner Slania: Texas Wind Damage Lawyers
If your insurance carrier wrongfully denied or grossly underpaid your Texas wind damage insurance claim, the experienced attorneys at Raizner Slania can help. We’ve helped policyholders across Harris County, throughout Texas, and around the country get the rightful payments they deserve under their insurance policies. Our consultations are free and you won’t owe us anything unless we help you recover compensation. Call us today to schedule your consultation.
