Raizner Law has filed a lawsuit on behalf of a Houston, Texas hotel owner against Selective Insurance Company of the Southeast after their Hurricane Harvey flood claim was wrongfully denied.
Our client obtained a commercial flood insurance policy through Selective Insurance. On August 25, 2017, Hurricane Harvey came ashore in Texas and brought hurricane force winds and unprecedented amounts of rainfall. The plaintiff’s property was inundated with floodwaters as a result of Hurricane Harvey. The contaminated floodwaters stood for several days, causing extensive damage to the property.
The plaintiff informed Selective Insurance of the flood insurance losses, and in response Selective Insurance hired and sent an adjuster to the property to inspect the damages. Selective Insurance and its adjuster prepared damage estimates and Proofs of Loss, but they chose not to comply with the provisions and requirements of the Federal Emergency Management Agency’s rules, regulations, guidance, and Adjuster Claims Manual. Ultimately, the plaintiff realized numerous flood damaged items had been omitted and/or significantly underpaid by Selective Insurance.
Selective Insurance entered into an arrangement with the Federal Emergency Management Agency or FEMA, which authorized the carrier to issue Standard Flood Insurance Policies (SFIPs). The arrangement also required Selective Insurance “comply with written standards, procedures, and guidance issued by FEMA.”
Violations Under The National Flood Insurance Program
Despite FEMA’s extensive rules, detailed regulations, and guidance, Select Insurance has either failed to establish general company standards or has failed to fully comply with FEMA’s rules and regulations resulting in an adjustment that omitted covered losses and undervalued other covered items. Select Insurance’s adjustment was based upon the arbitrary and capricious application of some of FEMA’s rules, regulations, and guidance, which created a disparate impact on the plaintiff under the National Flood Insurance Program.
Get Help With You Hurricane Harvey Flood Lawsuit
Hurricane Harvey victims shouldn’t be fighting with flood insurance companies over a year and half after the storm, but unfortunately many victims are. If your commercial flood insurance company is delaying, underpaying, or denying your claim, contact the Hurricane Harvey flood lawyers at Raizner Law today to see how we can help. All of our consultations are free and you won’t owe us anything unless we help you recover rightful compensation from your insurance company.