Raizner Slania LLP has filed a Hurricane Harvey insurance lawsuit against Rockhill Insurance Company on behalf of a Victoria motel owner after its insurance claim was wrongfully denied under Texas law.
Hurricane Harvey Devastates Texas
On August 25, 2017, Hurricane Harvey, recognized as one of the most devastating natural disasters in United States history, made landfall on the Texas coast near the property as a Category 4 hurricane with wind speeds of up to 150 miles per hour. Because of Hurricane Harvey’s extreme wind speed when it hit Victoria County where the motel is located, the property suffered catastrophic damage. Sizable portions of the property’s roof were compromised, and as a result, there was interior damage to the HVAC system, drywall, and flooring.
Immediately after the storm, the plaintiff promptly notified its agent and filed a claim with Rockhill, alerting them to the extensive damages. The plaintiff hired a consultant to assist with the task of determining the extent of the property damage. The plaintiff promptly cooperated with Rockhill’s requests for inspections and additional, extensive requests for documentation related to the business’ income loss as a result of Harvey.
In response to the claim, Rockhill appointed an internal adjuster in Florida to handle the file. This adjuster was inadequately trained and refused to perform a competent investigation. Rockhill’s internal adjuster coordinated on the claim with a known insurer-friendly consulting group who did not inspect the property until late October. The consulting group determined the damage was related to Harvey’s extreme winds, but despite this, Rockhill continued to delay resolution of the claim and instead looked for issues with the wear and tear of the property to avoid paying out.
Rockhill issued several undisputed payments, but these amounts nowhere near cover the damages caused by Harvey. To this day, Rockhill has continued to decline payment for damages covered under the policy.
Rockhill Operated In Bad Faith
Rockhill failed to attempt to effectuate a prompt, fair, and equitable settlement of a claim, which is a violation of the Texas Insurance Code. Additionally, Rockhill misrepresented the insurance policy under which it affords property coverage to the plaintiff, by making an untrue statement of material fact.
Hurricane Harvey Insurance Lawsuit Claims
If you are still struggling with your insurance company over your commercial property insurance claim after Hurricane Harvey, Raizner Slania LLP can help. We are a local law firm taking on large insurance companies and getting policyholders what they deserve under their policies. Contact us today for a free consultation to discuss your case.