Tag: Condominiums

Hurricane Harvey Wind Damage Lawsuit

Raizner Law Files Hurricane Harvey Wind Damage Lawsuit One Year After The Storm

One year after the devastation wrought by Hurricane Harvey, Raizner Law has filed a Harvey wind damage lawsuit on behalf of a Houston condominium complex owner against AmRisc LLC, Certain Underwriters at Lloyd’s London, Indian Harbor Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, General Security Indemnity Company of Arizona, United Specialty Insurance Company, Lexington Insurance Company, and the International Insurance Company of Hannover SE.

The insurance carriers, through the program design and management of AmRisc, sold a commercial property policy the plaintiff whereby the carriers would provide insurance coverage for the property. On August 26, 2018, Hurricane Harvey reached Houston and caused devastating damage. Hurricane Harvey damaged the roofing system, drywall, flooring, and other parts of the property. Immediately upon discovering the damage, the plaintiff filed a claim with the carriers and asked 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, AmRisc, on behalf of all carriers, assigned the claims to a third party adjusting firm. In turn, the third party adjusting firm assigned the claim to its internal adjuster. The internal adjuster conducted an unreasonable and inadequate investigation. The claim process, inspections, and results were continuously delayed starting the day the claim was made. The carriers, Amrisc, and their agents reassigned the claim to different adjusters, refused to provide the insured with answers, ignored obvious damages at the property, and misrepresented policy benefits, all while the property sat in disrepair and they refused to issue any payments whatsoever.

Nearly two months after Hurricane Harvey hit, the internal adjuster performed a haphazard inspection of the property. Without relying on any qualified consultants whatsoever, the third party adjusting firm and its internal adjuster valued the hotel’s damages at $8,897.93, a number well below the policy deductible. The carriers relied on these findings and willfully refused to do their own investigation to verify the obvious damages. The carriers, AmRisc, and the third party adjusting firm all failed to pay or adjust the claim appropriately after liability was reasonably clear. Over the next several months, the claim was delayed under the guise of “additional investigation,” aimed at ultimately denying the plaintiff’s claim despite obvious evidence to the contrary. The carriers and AmRisc continued to bounce the claim around internally while refusing to provide answers to the plaintiff regarding covered damages. The carriers eventually wrongly denied the Hurricane Harvey commercial property damage insurance claim.

Violating the Texas Insurance Code

Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate the prompt, fair, and equitable settlement of a claim, refusal to pay a claim without conducting a reasonable investigation, and failure to affirm or deny coverage of a claim to a policyholder within a reasonable time.

Get Help With Your Hurricane Harvey Wind Damage Lawsuit

It’s been just over a year since Hurricane Harvey devastated much of Texas, but many property owners are still struggling to rebuild because insurance companies aren’t paying out on valid claims. Get help with your Hurricane Harvey wind damage lawsuit today. Call Raizner Law for a free consultation to see how we can help.

Dallas County Hail Damage Attorneys

Dallas County Condominium Association Files Wind and Hail Insurance Lawsuit

Raizner Slania has filed a bad faith insurance lawsuit on behalf of a Dallas County condominium association against Peleus Insurance Company, Strata Claims Management, and Engle Martin & Associates. The plaintiff’s wind and hail damage insurance claim was wrongfully denied under Texas law.

March 2016 Wind and Hail Storm

On March 23, 2016, a wind and hail storm swept through Dallas County. The storm caused substantial damage to the roofs, exteriors, and interiors of the property. Immediately upon discovering the damage, the plaintiff filed an insurance claim with Peleus.

In response to the claim, Peleus assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequately and improperly trained. Specifically, Peleus assigned both Strata and Engle Martin to adjust the claim. Strata and Engle Martin in turn assigned the claim to two adjusters.

The adjusters performed a substandard inspection of the property and failed to prepare any estimates or scope of damages or failed to provide them to the plaintiff. Strata, Engle Martin, and the adjusters continually delayed the claims process and did not communicate with the insured during the process.

Strata, Engle Martin, and the adjusters deliberately misevaluated the damage by claiming it was cosmetic only, instead of acknowledging the widespread compromising of the roof systems, necessitating full repairs and replacement. The adjusters further caused additional damages themselves at the site inspection by foot damaging unsupported areas of the roofs.

Strata, Engle Martin, and the adjusters performed an inadequate, incomplete, and unreasonable investigation of the claim. Peleus relied solely on Strata, Engle Martin, and the adjusters when determining what amounts, if any, to pay on the claim. As a result, the plaintiff’s wind and hail damage claim was wrongfully denied.

Violations of the Texas Insurance Code

Our client alleges numerous violations of the Texas Insurance Code, including the failure to effectuate a prompt, fair, and equitable settlement of a claim and misrepresentation of the insurance policies under which it affords property coverage to the plaintiff. Additionally, our client alleges violations of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA).

Dallas County Hail Damage Attorneys

Insurance companies use a variety of bad faith tactics to avoid paying out on valid claims. Not only is this wrong, it’s illegal. If your wind and hail damage claim has been denied, delayed, or grossly underpaid, the Dallas County hail damage attorneys at Raizner Slania can help. Our attorneys have helped commercial property owners across the country get their rightful payments under their policies. Contact us today for a free consultation to discuss your case.

Dallas County Hail Damage Attorneys

Condominium Owners Association Files Hail Damage Insurance Lawsuit

Raizner Slania has filed a hail damage insurance lawsuit on behalf of a Dallas County condominium owners association against Peleus Insurance Company, Strata Claims Management LLC, and Engle Martin & Associates, Inc.

March 2016 Wind and Hail Storm

On March 23, 2016, a wind and hail storm swept through Dallas County causing substantial damage to the roofs, HVAC, exteriors, and interiors of the condominiums. Immediately upon discovering the damage, the plaintiff filed an insurance claim under its policy with Peleus for damages caused by the storm. The plaintiff asked that the cost of repairs be covered pursuant to the policy.

In response to the claim, Peleus assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. More specifically, Peleus assigned Strata to adjust the claim and Strata assigned the claim to a claims manager. Peleus also assigned the plaintiff’s claim to Engle Martin, who in turn assigned it to an employee to adjust the damage.

Strata and Engle Martin failed to perform a thorough investigation of the claim. Strata, Engle Martin, and their representatives failed to prepare any estimates or scopes of damages to the property for the plaintiff. They also grossly undervalued the damages they did accept. Strata, Engle Martin, and their representatives made false representations to the plaintiff, including illegitimately representing that the entirety of damages occurred prior to the policy period and improperly ignoring facts confirming and supporting the hail and wind event and in turn extent of damages.

Peleus had ultimate decision-making authority over the claim. Peleus falsely denied the claim, failed to conform to proper claim settlement practices in Texas, failed to properly supervise its designated representatives, and unreasonably denied and delayed full and fair claim payment.

Our client was forced to hire its own consultant to adjust the damages because Peleus refused to do so. The plaintiff’s own consultant has identified substantial damage far beyond what Peleus acknowledged.

The Carriers Violated the Texas Insurance Code

Our client alleges numerous violations of the Texas Insurance Code, including the failure to effectuate a prompt, fair, and equitable settlement of a claim and misrepresentation of the insurance policies under which it affords property coverage to the plaintiff.

Dallas County Hail Damage Attorneys

Many insurance companies purposefully misrepresent policies during claims investigations to avoid costly payouts. If your insurance carrier delayed, denied, or undervalued your claim, the experienced Dallas County hail damage attorneys at Raizner Slania can help. Call us today for a free consultation to discuss your case.