Our client, a limited partnership investment company and commercial property owner, has filed suit against Liberty Mutual, a third-party adjusting firm, Engle, Martin & Associates, Inc., and its adjuster in McLennan County District Court. Our client was forced to file this lawsuit after its insurance claims for damages to its local hotel property sustained in wind and hailstorms were wrongfully denied and underpaid.
Hotel Damage Lawsuit Facts
According to the Hotel Damage Lawsuit complaint, there were severe wind and hailstorms on October 4, 2104, which caused serious damage to the hotel, including the roofs, HVAC, exteriors, interiors, and more. Right after the storm, our client filed a claim under its policy with Liberty Mutual Insurance.
Liberty, a foreign insurer, assigned Engle, Martin & Associates, Inc., a Georgia company, to handle the insurance adjustment, and they, in turn assigned an individual adjuster. Our client alleges that the adjuster failed to perform a thorough investigation of the claim, performed substandard inspections of the property, and prepared a damage estimate that grossly undervalued the destruction of the property. The adjuster also said that the damages were not in fact caused by the hailstorm and windstorm, but instead resulted from prior conditions and wear and tear.
The complaint alleges that Liberty Mutual Insurance, Engle Martin, and the individual adjuster wrongfully denied and underpaid our client’s hotel property damage claims under the policy. Plaintiff was not fully paid under the insurance policy; therefore, it hired its own consultant to independently evaluate the property damage. Plaintiff’s consultant identified substantial damage far beyond that the adjuster estimated. Liberty Mutual still refused to pay. This has caused additional damages to the property, including but not limited to further interior problems and roof damage.
Our client cites numerous violations of the Texas Insurance Code, a failure to timely commence investigation of the claim, a claim for statutory interest and attorneys’ fees, breach of contract, breach of duty of bad faith and fair dealing, a claim for punitive damages for bad faith, violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA), and fraud. In all, our client is asking for in excess of $1 million in damages for their losses, as well as interest and attorneys’ fees.
Hotel Property Damage Claim Lawyers
The excuses insurance companies like Liberty Mutual give for refusing payment are often the same. An insurance company may try to avoid payment or try to limit its payments. Insurance policies are meant to provide property owners coverage and protection when disaster strikes, but insurance providers do not always provide this security when presented with a claim. Our experienced insurance litigation team has handled commercial property damage claims across the country. We are here to help.