Raizner Law has filed a Hurricane Harvey wind damage lawsuit on behalf of a Pasadena strip mall owner against Westchester Surplus Lines Insurance Company after its insurance claim was wrongfully denied under Texas law.
Hurricane Harvey Devastates Texas
Hurricane Harvey made landfall on the Texas coast as a Category 4 hurricane with maximum sustained winds of 150 miles per hour on August 25, 2017. Hurricane Harvey swept through Pasadena and hit the plaintiff’s property on August 26. The high winds from the storm compromised large potions of the property’s roof, allowing rain to be driven in, causing significant interior damage. There was also significant damage to the insulation, exterior lighting, drywall, paint, flooring, bathroom, lighting, ceilings, and other parts of the property.
Immediately upon discovering the damages, the plaintiff filed an insurance claim with Westchester alerting them of the damage. Westchester’s claims-handling process resulted in a wrongful denial that omitted a wealth of facts, physical evidence, obvious wind damages, and meteorological data from Hurricane Harvey supporting the plaintiff’s claim. Westchester unreasonably pinned the loss on anything but the wind, an action designed to save Westchester hundreds of thousands of dollars in damages to the property and the business.
Although Westchester has, to date, provided no clear documentation of its inspection or findings, it denied the claim in full. One Westchester claims specialist based out of Georgia stated the damage was “not the result of storm-created openings but pre-existing deficiencies and/or openings in the roof covering and sealant.”
Westchester Violated The Texas Insurance Code
Our client alleges Westchester violated the Texas Insurance Code by failing to effectuate the prompt, fair, and equitable settlement of a claim, failing to provide a reasonable explanation for the denial of a claim, and misrepresenting the policy under which it affords property coverage to the plaintiff.
Get Help With Your Hurricane Harvey Wind Damage Lawsuit
In the aftermath of Hurricane Harvey, many insurance companies are trying to reduce payouts by misclassifying damage. This is wrong, and the insurance attorneys at Raizner Law are here to help policyholders stand up to insurance companies. If your Hurricane Harvey wind damage claim has been denied, contact us today for a free consultation to discuss your case.
