Tag: Apartment Complex Claims

Hail Damage Insurance Claim

Raizner Law Files Hail Damage Insurance Lawsuit On Behalf of Apartment Complex Owner

Raizner Law has filed a hail damage insurance lawsuit on behalf of a Texas apartment complex owner against Houston Casualty Company, QBE Insurance Corporation, Aspen Specialty Insurance Company, Hiscox Incorporated, Westchester Surplus Lines Insurance Company, Underwriters at Lloyd’s London, Internal Insurance Company of Hanover SE, Alterra Excess & Surplus Insurance Company, Interstate Fire & Casualty Company, RSUI Indemnity Company, and Engle Martin and Associates (collectively “the insurers”).

Two Hail Storms Damage Apartment Complex

On December 27, 2015 and again on May 10, 2016, a hail storm swept through Hurst, Texas and caused significant damage to the plaintiff’s property. The hail storm caused extensive damage to the apartment complex’s roof that was so extensive large sections of shingles were missing from the roof systems. In response to the damage, the plaintiff has made numerous repairs to the roof and tarped large sections of the roof to mitigate damages. Unfortunately, the interior damages continue because of roof leaks due to the insurers’ low ball estimate and failure to pay the claim.

Upon discovering the damage, the plaintiff filed an insurance claim with the insurers. In response to the claim, the insurers assigned the claim to Engle Martin who in turn assigned the claim to internal adjusters. The adjusters were improperly trained and failed to perform a thorough investigation of the claim, spending an inadequate amount of time inspecting the plaintiff’s property. The damages the adjuster included in the report were grossly undervalued and did not allow for adequate funds to cover the cost of repairs for all damages sustained. The adjusters failed to perform any of the industry standard tests for hail and wind damage during their inspections. For example, the adjusters neither conducted test squares nor did the adjusters perform brittleness tests.

As a result of the mishandling of the plaintiff’s claim, the plaintiff has experienced a delay in fully repairing the property, which has caused additional damages. To this date, the plaintiff has yet to receive the full payment it is entitled to under its policy. The majority of the apartment units at the property continue to leak from the wind and hail damaged roofs. The adjusters handling the claim refused to consider any interior damages when conducting their inspection of the property, failing to inspect the interior of the apartment complex.

Violating Texas Insurance Law

The insurers and the third party adjusting firm handling the claim violated numerous sections of the Texas Insurance Code. Our client alleges they failed to perform to a prompt, fair, and equitable settlement of a claim, misrepresented the policy under which they afford property coverage to the plaintiff, and denied a claim without conducting a reasonable investigation.

Get Help With Your Hail Damage Insurance Claim

At Raizner Law, our insurance attorneys believe that if you pay regularly pay your premiums, you deserve full protection under your policy. We know all of the bad faith tactics insurance companies employ to avoid paying out on claims and we can help you obtain complete compensation. Contact us today to schedule a free consultation to discuss your hail damage insurance claim.

Apartment Complex Insurance Claims

Local Houston Apartment Complex Owner Files Insurance Lawsuit After Fire Damage Claim Denial

Raizner Law has filed a bad faith insurance lawsuit on behalf of a local Houston apartment complex owner against Certain Underwriters at Lloyd’s London, QBE Specialty Insurance Company, General Security Indemnity Company of Arizona, Lexington Insurance Company, International Insurance Company of Hannover, PLC, Indian Harbor Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company, Princeton Excess & Surplus Lines Insurance Company, and Amrisc, LLC.

November 2017 Fire

On November 12, 2017, a fire substantially damaged the plaintiff’s apartment complex property. As a result, the damaged building components include light fixtures, windows, drywall, flooring, HVACs, and the roofing system of the property, among other items. Upon discovering the damage, the plaintiff filed an insurance claim under its policy with the carriers for damages to the property caused by the fire. The plaintiff asked that the cost of repairs be covered pursuant to the policy.

The insurance carriers, through AmRisc, assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, the claim was assigned to a third party adjusting firm who in turn assigned the claim to its internal adjuster. The internal adjuster conducted an unreasonable and inadequate investigation and denied the claim for fire damage to property.

Despite clear evidence of covered damage, the carriers engaged in and ratified the internal adjuster’s improper claims conduct and ultimately approved a gross underpayment of the contractual damages. This underpayment was issued on March 26, 2018 and it omitted important facts, physical evidence, and meteorological data supporting the plaintiff’s claim. The carriers instead unreasonably blamed the loss on causes other than fire to avoid contractual responsibilities and saved in excess of $1,000,000.

Violations of 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 adopt and implement reasonable standards for the investigation of a claim, and refusal to pay the claim without conducting a reasonable investigation.

Lawyers for Apartment Complex Insurance Claims

If you are an apartment complex owner, and your property has suffered from wind and hail damage, fire damage, plumbing leaks and water damage, or damage from any type of disaster, you may need legal assistance. Raizner Law has successfully helped apartment complex owners and other business owners with insurance claims against some of the largest insurers in the world. Contact us today for a free consultation to discuss your case.