Tag: Wind Damage

Condominium Association Lawyers

Raizner Law Files Lawsuit On Behalf of Dallas Condominium Owner’s Association

Raizner Law has filed an insurance lawsuit on behalf of a condominium owner’s association against Maxum Indemnity Company after its wind damage claim was wrongfully denied.

March 2018 Windstorm

In March 2018, a windstorm swept through Dallas and caused significant damage to the subject condominium property. Large portions of the property’s roof were compromised, causing substantial interior damage. In total, the property suffered damage to the roof, HVAC systems, windows, and interiors. Immediately upon discovering the damage, the plaintiff filed an insurance claim with Maxum and asked that the cost of the repairs be covered pursuant to the policy.

Maxum utilized a preferred vendor to handle the adjustment of the claim. The vendor was disorganized, rife with delays, and left many of the insured’s questions unanswered. The plaintiff hired its own representative to assist with the claims process, but Maxum’s vendor continuously ignored the plaintiff’s representative in an effort to intentionally mislead the insured about the claims process and ultimately deny the claim. Maxum wrongly claimed the damage was caused by a “clogged roof drain” and therefore was not covered under the policy. To this day, the plaintiff has not been properly compensated for the cost of repairs to the property and has suffered extreme economic hardship as a result.

Maxum Acted In Bad Faith

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 a reasonable explanation for the denial of a claim, misrepresentation of the policy under which it provides property coverage to the insured, and refusal to pay a claim without conducting a reasonable investigation. Our client also alleges Maxum violated the Texas Deceptive Trade Practices Act.

Condominium Association Lawyers

When your insurance company does not act quickly or fairly, your business may suffer. If the insurance company acts in bad faith, you may be able to recover not only the costs of repairs and replacements covered in your policy, but also other costs incurred due to their dishonest actions. Getting the compensation you are entitled to should not be an uphill battle. Contact a condominium association lawyer at Raizner Law today to protect your rights and see how we can help.

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.

Hurricane Harvey wind damage insurance lawsuit

Katy, Texas Motel Owner Files Hurricane Harvey Wind Damage Insurance Lawsuit

Raizner Law has filed a Hurricane Harvey insurance lawsuit on behalf of a Katy, Texas Motel owner against Arch Specialty Insurance Company after its insurance claim was wrongfully denied.

The plaintiff owns and operates a two-story motel in Katy, Texas that houses a lobby, 200 guest rooms, and laundry facilities. On August 25, 2017, one of the most devastating storms in United States history, Hurricane Harvey, came ashore as a Category 4 hurricane. Hurricane Harvey had wind speeds up to 150 miles per hour. As a result of these extreme winds, Harvey caused significant damage to the plaintiff’s motel. Sizable portions of the property’s roof were compromised by wind, which caused further damage to the interiors, including the windows, drywall, insulation, and flooring.

Immediately upon discovering the damage, the plaintiff filed an insurance claim with Arch and asked that the cost of repairs be covered pursuant to the policy. Arch utilized a preferred vendor to inspect the property on September 7, 2017. Arch denied the claim on December 10, 2017. According to the preferred the vendor for Arch, the claim was denied on the basis that “the roof system and building envelope did not sustain wind damage, which would have allowed water to enter. Further, the water entry is a direct result of water entering in the building through already present deficiencies in the roof and envelope systems.” To date, Arch has refused to pay for the property damage. As a result of Arch’s unreasonable denial, the plaintiff has suffered extreme economic hardship.

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 pay a claim without conducting a reasonable investigation, and misrepresentation of the policy under which it affords coverage to the plaintiff.

Get Help With Your Hurricane Harvey Wind Damage Insurance Lawsuit

Even a year after Harvey’s landfall, many business owners are still struggling to put their lives back together. If your insurance company has delayed, underpaid, or outright denied your Hurricane Harvey wind damage claim, Raizner Law can help. We are experienced insurance lawyers who are already helping hundreds of policyholders with their Hurricane Harvey wind damage insurance lawsuits. Call us today to schedule a free appointment with one of our lawyers to discuss your Hurricane Harvey wind damage insurance lawsuit.

Hurricane Harvey Insurance Lawyers

Victoria, Texas Hotel Owner Files Hurricane Harvey Insurance Lawsuit

Raizner Law has filed a Hurricane Harvey Insurance Lawsuit on behalf of a Victoria, Texas hotel owner against Palomar Specialty Insurance Company after its insurance claim was wrongfully denied under Texas Law.

Hurricane Harvey Causes Catastrophic Damage

On August 25, 2017, Hurricane Harvey made landfall in Texas and caused widespread damage. Our client’s Texas hotel is a two-story structure that contains a main lobby, offices, a restaurant, conference rooms, and 126 hotel rooms. When Hurricane Harvey swept through Victoria, Texas, the storm caused significant damage to the property. Sizeable portions of the property’s roof were compromised by wind. As a result, there was also interior damage to HVAC, ceiling, insulation, flooring, and drywall. Immediately upon discovering the damages, the plaintiff filed an insurance claim with Palomar.

Palomar’s claims-handling process resulted in a wrongful denial that omitted a wealth of facts, physical evidence, obvious wind damage, and meteorological data from Hurricane Harvey supporting the plaintiff’s claim. Palomar unreasonably pinned the loss on anything but the wind, an action designed to save Palomar hundreds of thousands of dollars in damages to the property and the business.

Palomar assigned an internal adjuster to handle the claim who was located in Indiana. The internal adjuster was unqualified, incapable of adequately assessing the damages to the property, and was the source of many delays throughout the claims process. After utilizing a preferred vendor to inspect the property in December, four months after Harvey hit, Palomar and the internal adjuster continued to delay claim resolution and ignored the insured’s requests for updates. The plaintiff and its representative continued to press Palomar for updates and/or an estimate of damages after their inspection, but they declined and ignored the requests. Two months after the inspection, three months after the initial inspection, and after the plaintiff’s representative continuously pressed Palomar and the internal adjuster for updates, the internal adjuster simply said Palomar was “still reviewing” the claim. Palomar eventually denied the claim in February 2018.

Violating the Texas Insurance Code

Palomar made 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 a claim without conducting a reasonable investigation.

Hurricane Harvey Insurance Lawyers

Policyholders that regularly pay their premiums deserve full coverage under their policies in the event of a natural disaster. If your business was damage by Hurricane Harvey and the insurance company has delayed, underpaid, or outright denied your claim, contact Raizner Law today for a free consultation.

Hurricane Harvey wind damage

Pasadena Strip Mall Owner Files Hurricane Harvey Wind Damage Lawsuit

Raizner Law has filed a Hurricane Harvey wind damage lawsuit on behalf of a Pasadena strip mall owner against Westchester Surplus Lines Insurance Company after its insurance claim was wrongfully denied under Texas law.

Hurricane Harvey Devastates Texas

Hurricane Harvey made landfall on the Texas coast as a Category 4 hurricane with maximum sustained winds of 150 miles per hour on August 25, 2017. Hurricane Harvey swept through Pasadena and hit the plaintiff’s property on August 26. The high winds from the storm compromised large potions of the property’s roof, allowing rain to be driven in, causing significant interior damage. There was also significant damage to the insulation, exterior lighting, drywall, paint, flooring, bathroom, lighting, ceilings, and other parts of the property.

Immediately upon discovering the damages, the plaintiff filed an insurance claim with Westchester alerting them of the damage. Westchester’s claims-handling process resulted in a wrongful denial that omitted a wealth of facts, physical evidence, obvious wind damages, and meteorological data from Hurricane Harvey supporting the plaintiff’s claim. Westchester unreasonably pinned the loss on anything but the wind, an action designed to save Westchester hundreds of thousands of dollars in damages to the property and the business.

Although Westchester has, to date, provided no clear documentation of its inspection or findings, it denied the claim in full. One Westchester claims specialist based out of Georgia stated the damage was “not the result of storm-created openings but pre-existing deficiencies and/or openings in the roof covering and sealant.”

Westchester Violated The Texas Insurance Code

Our client alleges Westchester violated the Texas Insurance Code by failing to effectuate the prompt, fair, and equitable settlement of a claim, failing to provide a reasonable explanation for the denial of a claim, and misrepresenting the policy under which it affords property coverage to the plaintiff.

Get Help With Your Hurricane Harvey Wind Damage Lawsuit

 In the aftermath of Hurricane Harvey, many insurance companies are trying to reduce payouts by misclassifying damage. This is wrong, and the insurance attorneys at Raizner Law are here to help policyholders stand up to insurance companies. If your Hurricane Harvey wind damage claim has been denied, contact us today for a free consultation to discuss your case.

Hurricane Harvey Insurance Lawsuit

Raizner Law Files Hurricane Harvey Insurance Lawsuit On Behalf of Bay City, Texas Motel Owner

Raizner Law has filed a Hurricane Harvey bad faith insurance lawsuit on behalf of a Bay City, Texas motel owner against Underwriters at Lloyd’s, London after its insurance claim was wrongly denied under Texas law.

Hurricane Harvey Hits Texas

On August 25, 2017, Hurricane Harvey came ashore as a Category 4 hurricane, inflicting billions of dollars in damages to private and public property in Fort Bend County and Matagorda County alone. As a result of Harvey’s extreme winds and rain when it hit Bay City and Matagorda County, the plaintiff’s motel property was substantially damaged. Sizeable portions of the property’s roof were compromised by wind, which caused significant damage to the ceilings, walls, and flooring.

Immediately after the storm, the plaintiff promptly filed a claim with Lloyd’s, alerting them to the extensive damages. However, because Lloyd’s does not have a single employee in Texas, the claim was assigned to a third-party administrator. Under Texas law, insurers have a “non-delegable duty” to responsibly handle claims, but Lloyd’s blatantly ignored this duty. The third-party administrator’s adjustment of the claim was disorganized, rife with delays, and left many of the insured’s questions unanswered.

Months after inspections of the property, Lloyd’s found “damages found to the property do not exceed your policy deductible,” in an effort to avoid contractual responsibilities and to save significant sums of money at the expense of the plaintiff.

Lloyd’s Operated In Bad Faith

Lloyd’s violated numerous sections of the Texas Insurance Code, including refusing to pay a claim without conducting a reasonable investigation, failing to implement reasonable standards for the investigation of a claim, and misrepresentation of the policy under which it affords coverage to the insured. Our client also alleges Lloyd’s violated the Texas Deceptive Trade Practices-Consumer Protection Act.

Get Help With Your Hurricane Harvey Insurance Lawsuit 

Insurance companies have no right to use bad faith tactics to avoid paying out on valid claims. Much of the Texas coast suffered catastrophic losses from Hurricane Harvey, and insurance companies are preventing businesses from recovering. If your insurance company is delaying, underpaying, or denying your Hurricane Harvey insurance claim, contact Raizner Law today for a free consultation to discuss your options.