Tag: Hail Damage

Dallas County Apartment Owner Files Hail Damage Insurance Lawsuit

Posted by Amy Hargis on November 27, 2017

Raizner Slania has filed a hail damage insurance lawsuit on behalf of a Dallas County apartment owner against Peleus Insurance Company, Strata Claims Management, LLC, and Engle Martin & Associates, Inc. after its insurance claim was wrongfully denied.

March 2016 Hailstorm

On March 17, 2016, a wind and hailstorm swept through north Texas, causing substantial damage to the roofs, HVAC, exteriors, and interiors of the apartment complex property. 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 the claim to both Strata and Engle Martin. In turn, both Strata and Engle Martin assigned the claim to claims representatives. Peleus, Strata, Engle Martin, and their representatives failed to perform a thorough investigation of the claim.

The representatives performed a haphazard inspection of the property and its damages and grossly undervalued what damages they did accept. Additionally, Peleus, Strata, Engle Martin, and their representatives made false representations to the plaintiff, including illegitimately claiming the damage occurred prior to the policy period and improperly ignoring facts confirming the wind and hail storm.

Strata and its representative also misrepresented the extent of damages confirmed at the property, falsely used excuses such as roof deficiencies and improper installation, and made misrepresentations about available weather data, including blatant misuse of predictive modeling supposedly being relied on to deny and delay the claim.

Strata and its representative then wrongfully claimed the roofs did not need to be replaced and instead blamed the clear damages on installation failures and the age of the roof systems. These are deceptive, unfair, and unreasonable claim actions, as Peleus and Strata’s own underwriting data confirms the good and insurable condition of the buildings.

As a result of the haphazard inspections and investigation, Peleus wrongfully denied the plaintiff’s hail damage insurance claim. Peleus failed to perform a thorough investigation of the claim and the plaintiff has been unable to make the necessary repairs, causing additional property damage.

Peleus Wrongfully Denied The Claim

Our client cites numerous violations of the Texas Insurance Code, including failure to adopt and implement reasonable standards for prompt investigation of claims, refusal to pay a claim without conducting a reasonable investigation, and misrepresentation of the insurance policy under which it affords property coverage to the plaintiff.

Hail Damage Insurance Lawsuits

If you regularly pay your insurance premiums, you deserve full policy protection. Oftentimes when apartment owners try to receive compensation from a claim, they discover their insurance company is less than honest. If your apartment complex suffered wind or hail damage and the insurance company isn’t being straight with you, contact the hail damage insurance lawyers at Raizner Slania LLP. We’ve helped hundreds of property owners get full compensation under their policies.

Bexar County Church Files Bad Faith Insurance Lawsuit

Posted by Andrew Slania on November 20, 2017

Our client, a local Texas church, has filed a lawsuit against Church Mutual Insurance Company after its wind and hail damage claim was wrongfully denied under Texas law.

April 2016 Storm

On April 25, 2016, a wind and hail storm swept through Bexar County and caused significant damage to the roof, exterior, and interior of the church’s property. Immediately upon discovering the damage, the plaintiff filed an insurance claim with Church Mutual and asked that the cost of repairs be covered pursuant to the policy.

In response to the claim, Church Mutual assigned representatives, adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, Church Mutual assigned the claim to an internal representative, as the local claims representative charged with assessing damages under the policy.

The internal representative failed to perform a thorough investigation of the claim and performed a haphazard inspection of the property. The internal representative failed to acknowledge clear and visible damages to the church and its school’s roof system. The internal representative only estimated damages for the metal components of the roof and to comb out the air conditioning fins. The representative refused to concede the roof system itself had been compromised and that interior damages would clearly continue to occur because Church Mutual did not provide a full roof repair and replacement.

Church Mutual relied on the representative’s substandard investigation in determining what amounts, if any, to pay on the plaintiff’s claim and failed to perform its own investigation. As a result of the haphazard inspection, misrepresentations, and inadequate investigation, Church Mutual ultimately denied the plaintiff’s claim.

Church Mutual Acted In Bad Faith

Our client alleges numerous violations of the Texas Insurance Code, including the failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to adopt and implement reasonable standards for the prompt investigation of a claim, and refusal to pay a claim without conducting a reasonable investigation.

Church Insurance Claim Attorneys

Many church owners learn the hard way that insurance companies are sometimes less than honest. If your church or other religious institution suffered property damage, contact the church insurance claim lawyers at Raizner Slania LLP. We are experienced handling insurance cases for religious organizations and other non-profit groups, and we can help you get the compensation you deserve under your policy. Call today to schedule a free consultation.

Dallas County Condominium Association Files Wind and Hail Insurance Lawsuit

Posted by Jeff Raizner on November 7, 2017

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.

Condominium Owners Association Files Hail Damage Insurance Lawsuit

Posted by Andrew Slania on October 18, 2017

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

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.

Harris County Retail Building Owner Files Insurance Lawsuit

Posted by Jeff Raizner on October 2, 2017

Our client, a retail building owner, has filed an insurance lawsuit against Lexington Insurance Company, Clear Blue Specialty Insurance Company, Arch Specialty Insurance Company, James River Insurance Company, Landmark American Insurance Company, Aspen Specialty Insurance Company, Sompo American Insurance Company, and McLarens, Inc. The carriers wrongfully denied the plaintiff’s commercial hail damage insurance claim under Texas law.

June 2013 Hailstorm

On June 5, 2013, the plaintiff’s property was substantially damaged by a wind and hailstorm that swept through Harris County. The storm caused damage to the roof, HVAC, exterior, and interior of the property. Immediately upon discovering the damage, the plaintiff filed an insurance claim with the carriers for damages caused by the storm.

In response to the claim, the carriers assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, the carriers assigned the claim to McLarens, Inc. who in turn assigned the claim to an employee.

McLarens and its employee failed to perform a thorough investigation of the claim. The employee performed a substandard inspection of the property, failed to prepare any estimates or scopes of damages to the property, and/or failed to provide them to the insured. The employee falsely claimed the damage was merely cosmetic, however an adequate investigation would have proved otherwise.

Based on the employee’s haphazard investigation, the carriers grossly underpaid and wrongly denied the plaintiff’s insurance claim. The carriers represented to the plaintiff that some damages were not covered under the policy, when in fact they were. The plaintiff was forced to hire its own consultant to independently evaluate the damages to the property because the carriers refused to do so.

Violations of the Texas Insurance Code

Our client alleges the carriers violated the Texas Insurance Code by failing to effectuate a prompt, fair, and equitable settlement of a claim, failing to adopt and implement reasonable standards for prompt investigation of a claim, and failing to affirm or deny coverage of a claim within a reasonable time.

Texas Insurance Lawyers

When you pay your premium, you deserve to be compensated by your insurance company in the event of natural disaster. If your insurance carrier delayed, denied, or undervalued your claim, the Texas insurance lawyers at Raizner Slania can help. Call us today for a free consultation to discuss your case.

Denton County Gas Station Files Hail Damage Insurance Lawsuit

Posted by Andrew Slania on September 27, 2017

Raizner Slania has filed a bad faith insurance lawsuit on behalf of a Denton County gas station and convenience store after Nationwide Property & Casualty Insurance Company wrongfully denied its commercial hail damage insurance claim.

March 2016 Hailstorm

On March 23, 2016, a wind and hailstorm swept through Denton County, Texas. As a result, the plaintiff’s property was substantially damaged, including damage to the roof, exterior, interior, products, and other business property. Immediately upon discovering the damages, the plaintiff filed an insurance claim with Nationwide to cover the cost of repairs pursuant to the policy.

In response to the claim, Nationwide assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, Nationwide assigned the claim to an adjuster who was charged with the responsibility of assessing the damages. The adjuster performed a haphazard investigation of the damages and prepared a grossly undervalued estimate of damages to the structure that ignored obvious damages to the property. Additionally, the adjuster failed to engage appropriate, non-biased consultants to evaluate the damage.

Nationwide relied solely on the adjuster’s incomplete and inadequate investigation to determine what amounts to pay on the claim. As a result, the plaintiff was grossly underpaid for the cost of repairs and has been unable to complete repairs to the property. Nationwide misrepresented coverage under the policy to the plaintiff, stating that certain damages were not covered, when in fact they were.

Nationwide 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 and failure to implement reasonable standards for the investigation of claim. Additionally, our client alleges Nationwide violated the Deceptive Trade Practices-Consumer Protection Act (DTPA), which provides additional protections to consumers who are the victims of deceptive, improper, or illegal practices.

Know Your Rights As A Policyholder

If your gas station or convenience store has suffered hail damage, your insurance company should pay to cover the cost of repairs. Unfortunately many insurance companies try to find ways to minimize payouts. When this happens, you will need an experienced Texas insurance lawyer to help you get your rightful compensation. If you are facing a dispute over an insurance claim, contact Raizner Slania today to discuss your rights.