Tag: Restaurant Damage

Hurricane Harvey wind damage

Texas Fast Food Restaurant Property Owner Files Hurricane Harvey Lawsuit

Raizner Law has filed a Hurricane Harvey lawsuit on behalf of a Texas fast food restaurant property owner against Underwriters at Lloyd’s, London, ICAT Syndicate 4242, and National Fire & Marine Insurance Company.

Hurricane Harvey Devastated Restaurant Properties

Our client owns six fast food restaurants in Harris, Galveston, Brazoria, and Calhoun Counties. Hurricane Harvey made landfall in Texas on August 25, 2017 and over the next week caused devastation all along the coast. The plaintiff’s properties suffered catastrophic damage as a result of Hurricane Harvey. Sizable portions of the roofs were compromised by the storm’s high winds, which in turn resulted in damage to the interiors of the properties.

However, as devastating as the damage to the properties was, the plaintiff felt fortunate to be protected by millions of dollars in insurance coverage. Unfortunately, this sense of security borne of a pricey contractual relationship would prove illusory.

Insurance Carriers Acted in Bad Faith and Violated Texas Insurance Codes

Immediately upon discovering the damage, the plaintiff filed an insurance claim with its carriers. The carriers assigned the claim to adjusters who were unqualified and incapable of adequately assessing damage to these types of commercial properties and were the source of many delays throughout the claims process. It took months just for the properties to be inspected.

Finally, the claim was denied even though wind damage was obvious. According to the denial letter, the claim was denied because “damages found to the property do not exceed your policy deductible,” and the carriers were “unable to find a Covered Cause of Loss.”

The carriers’ conclusions, denials, and refusal to acknowledge or pay the claim were based on an outcome-oriented investigation aimed at denying the plaintiff’s claim from the outset.

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 provide promptly a reasonable explanation for the denial of a claim,” and “misrepresentation of the policy under which is affords property coverage to the policyholder.”

Raizner Law Can Help You With Your Hurricane Harvey Claims

The experienced insurance lawyers at Raizner Law believe policyholders who regularly pay their premiums deserve full protection under their policies. If your insurance company is delaying, underpaying, or denying your Hurricane Harvey insurance claim, contact us today to see how we can help.

Restaurant Insurance Lawyers

Harris County Restaurant Files Fire Damage Insurance Claim Lawsuit

Raizner Slania LLP has filed a bad faith insurance lawsuit for fire damage against Blackboard Insurance Company (formerly known as Hamilton Insurance Company) and Texas General Insurance on behalf of a local restaurant owner.

Catastrophic Restaurant Fire

On September 9, 2017, a catastrophic fire broke out at the restaurant and caused significant damage to the business equipment, which in turn resulted in an extensive loss in income. Soon after the fire, the plaintiff filed an insurance claim and asked that the cost of repairs be covered pursuant to the policy. At the time of the fire, the property was being used in accordance with the plaintiff’s customary operations and business design, the same way the property was being used when the insurance policy was applied for and sold to the plaintiff.

Texas General and one of its agents sold the policy to the plaintiff. However, Texas General and its agent falsely represented to the plaintiff that damages caused by fire, among other things, would be, and indeed are covered by the insurance policy based on the known facts about the business, including the lack of an internal fire alarm system. The plaintiff trusted and relied upon the experience of Texas General and its agent to procure the appropriate coverage for its specialized business needs, and Texas General acted as the agent of Blackboard in connection with the procurement of coverage. Texas General and its agent led the plaintiff to believe the insurance policy secured would cover their business personal property and business income in the event of standard perils, including a fire loss.

Blackboard conducted an unreasonable and inadequate investigation of the damages to the restaurant and looked to find policy exclusions in order to deny the claim. Blackboard wrongfully denied and delayed the plaintiff’s claim for damages to contents and lost business income. Blackboard has chosen to continue to deny and delay timely payment of the damages. Because of Blackboard’s refusal to the pay the claim, the plaintiff has suffered significant economic loss.

Violations Of The Texas Insurance Code

Our client alleges Blackboard violated the Texas Insurance Code by failing to effectuate a prompt, fair, and equitable settlement of the claim and by failing to promptly provide a reasonable explanation for the denial of a claim. Additionally, Texas General and Blackboard misrepresented the policy under which they provided coverage to the plaintiff.

Restaurant Insurance Lawyers

At Raizner Slania LLP, we have extensive experience handling litigation against insurance companies. We provide aggressive, efficient, and effective representation. If you are facing a dispute over a restaurant insurance claim, contact us today for a free consultation to discuss your case.