Raizner Law has filed a bad faith insurance lawsuit on behalf of a commercial building owner against Certain Underwriters at Lloyd’s after its insurance claim was wrongfully denied under Texas law. The building suffered extensive damage from Hurricane Harvey, and to this day, Lloyd’s has failed to issue the plaintiff full coverage under its policy.
The plaintiff owns a large commercial property in Houston, Texas that houses a banquet hall, office space, and kitchen facilities. On August 25, 2017, Hurricane Harvey, recognized as one of the most devastating natural disasters in United States history, made landfall on the Texas coast as a Category 4 hurricane with wind speeds of up to 150 miles per hour. Harvey’s extreme winds and rain when it hit Harris County, and specifically the subject property, on August 27, 2017 caused the property substantial damages. Sizeable portions of the property’s roof were compromised by wind, resulting in interior damage to ceilings, walls, and flooring.
Despite underwriting insurance policies for Texas properties, Lloyd’s does not have a single employee in Texas, so when claims like the plaintiff’s arise, they assign the claim to third-party administrators. In this case, Lloyd’s assigned our client’s claim to Gulf Coast Claims Services (GCCS), one of several adjusting firms that have sprouted to service the foreign, absentee insurance market led by Lloyd’s. Although Texas law provides that an insurer has a “non-delegable duty” to responsibly handle claims, delegate is precisely what foreign insurance entities like Lloyd’s do on a regular basis.
Lloyd’s utilized its preferred vendor, GCCS, to handle adjustment of the claim on its behalf. GCCS’s adjustment was disorganized, rife with delays, and left many of the plaintiff’s questions unanswered. The plaintiff hired its own representative to assist with the claims process, but GCCS’s adjusters continuously ignored the plaintiff’s representative in an effort to intentionally mislead the plaintiff about the claims process and ultimately deny the claim.
Lloyd’s 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 promptly provide a reasonable explanation for the denial of a claim, and refusal to pay the claim without conducting a reasonable investigation.