Homeowner's Insurance Claim Gets Back On Track

Homeowner’s Insurance Claim Gets Back On Track

Have you had storm damage and are now struggling with a homeowner’s insurance claim?

Storm damage hits Mineola, Texas, a small community in Wood County about 80 miles east of Dallas. Mineola is a railroad town and can trace its roots back as far as 1873. With a population just under five-thousand, life in this small Texas town tends to move at a slower pace. Some insurance companies prey on these areas. Such was the case for our clients, whose home was savagely beaten by the hailstorm the night of June 19, 2019 when their home was damaged. The homeowner’s insurance claim was initially denied.

We Will Not Be Railroaded

That night hail pounded Wood County, dropping hail the size of golf balls in some areas. The roof damage to our client’s home was so severe that rainwater had penetrated through the damaged portions of the roof and saturated sheetrock and carpeting throughout the home.

After completing a homeowner’s insurance claim with their insurer, our clients’ claim was denied. Refusing to accept a denial as the outcome, our clients’ pleaded with their insurer. The insurance company in turn sent out an engineer to inspect the roof damage. The engineer’s assessment was that the property damage should be covered under the homeowner’s insurance claim, but the amount of the damage was under the deductible.

Insurance Company Has One Track Mind

Knowing that they were in for a hard fight if they wanted any form of recovery, our clients hired us to represent them. The Chad T. Wilson Law Firm sent our clients’ insurer a demand letter that let the insurer know our client’s were serious about their claim. Upon receiving the demand letter, the insurer reversed course and agreed to pay for the roof and interior damage.

Homeowner’s Insurance Claim Gets Approved

From start to finish, this case was resolved in 30 days. There was no need for mediation or court.

Texas Property Insurance Lawyers

Has your homeowner’s or commercial business insurance claim been denied? We can help. Representing thousands of client’s against big insurance companies, our insurance claims attorneys aggressively protect the rights of the policyholder. Our consultations are free, and you owe us nothing until we win your case. Contact us today.

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State Farm Denies Hailstorm Damage

In late April 2015, hailstorms and tornadoes ripped through the southeastern states, leaving behind destroyed homes and damaged lives in their wake. Our client, a woman in Spring, Texas, and her home were no exception.

After the storm, she immediately filed a claim with her homeowner’s insurance company for hailstorm damage, State Farm, asking them to pay for the damages so that she could make repairs and start getting her life back in order.

State Farm hired an adjuster to inspect our client’s home and assess the damage. The inspector found that there were less than $500 worth of damages to our client’s home and found “no hail related damage to shingles,” therefore denying her claim and leaving her with no recovery to make repairs to her home.

So, our client hired a public adjuster, who conducted an unbiased inspection and found a litany of hailstorm damage that State Farm’s adjuster had left off, resulting in more than $44,000 worth of damages to the home. Seeing that she was owed much more than State Farm suggested, the client promptly sought out Chad T. Wilson Law Firm to help her obtain the recovery she had, essentially, already paid for through the purchase of her insurance policy.

On Tuesday, July 5, 2016, the Chad T. Wilson Law Firm filed suit against State Farm insurance company in Harris County, Texas for violations of the Texas Insurance Code and wrongfully denying her coverage under her policy.

Through its adjuster, State Farm conducted a substandard and improper inspection of the client’s home, which grossly undervalued the cost of repairs in its estimate and yielded an unrealistic amount to underpay coverage. State Farm unreasonably adjusted our client’s claim, misrepresenting the cause of, scope of, and cost to repair damages to her property.

Because of State Farm’s misrepresentations, our client was forced to hire an attorney to file a lawsuit for insurance benefits.

If your homeowner’s insurance carrier has denied your insurance claim, we can help. The experienced property insurance attorneys at Chad T. Wilson Law Firm have represented more than 1,000 clients in cases against insurance companies and aggressively protect the rights of insurance policyholders throughout Texas. Our consultations are free, and you owe  us nothing until your case is won. Contact us today to see how we can help.

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Texas Hailstorm Insurance Litigation Reform

Insurance lobbyists are trying harder than ever to convince Texas lawmakers to enact needless hailstorm litigation reform.

In 2015, the Texas legislature nearly passed a bill that would have incentivized insurance companies to underpay claims. In February of this year, Gov. Abbott called hailstorm litigation a crisis that needed to be reined in. Now, insurance companies are hard at work informing lawmakers of the injustices of attorneys fighting for their clients.

State Farm Lobbies to Dismantle Policyholder Rights

In State Farm’s most recent papering of Texas congressmen’s and congresswomen’s offices, the insurance giant asserted that policyholders should accept whatever decision the company came to regarding claims, and not sue. “The Texas Legislature should move quickly to encourage the quick and fair settlement of insurance claims  following severe weather events while protecting the interests of Texas policyholders and discouraging the filing of frivolous insurance lawsuits.”

We’re all for the quick and fair settlement of claims, but we think State Farm’s definition is quite skewed. The 2015 proposed bill tried to undo 40 years of protections that ensure insurance companies are fair. In the proposed changes, policyholders would barely have time to file claims after an storm. Insurance companies would be encouraged to deny claims. And fraud and negligence would go unchecked and unpunished.

To us, the best way to protect the interests of policyholders is to pay them the insurance money they deserve in the first place. But, companies like State Farm are slanting the narrative in their favor.

They’ve convinced the governor of Texas that policyholders suing for their rights is “the newest form of lawsuit abuse.” Abbott said in his January state of the state address that he would like to see on his desk legislation “that limits abusive hailstorm litigation.” With proposed policies that would allow insurers to abuse the system, the irony isn’t lost on us.

Proponents of the law suggested policy changes chalk the justification up to decrying a small number of “storm-chasing” attorneys that prey on victimized policyholders. Consumer advocates, however, point out that the changes paint with too broad a brush and would prevent policyholders from holding insurance companies accountable for errors and perceived wrongdoing in the claims handling process.

The Truth About Hailstorm Litigation Reform

At a Dec. 1, 2016 House of Representatives insurance committee hearing, a representative of the Office of Public Insurance Counsel (OPIC), Joe Matetich, told lawmakers that a “statewide hail litigation crisis does not currently exist in Texas,” and that there “does not appear to be an insurance market problem” in Texas. Matetich gathered his information from research that lawmakers requested the Texas Department of Insurance conduct.

Ware Wendell, a representative of Texas Watch, testified that there are already “laws on the books that protect insurance companies, agencies, and adjusters. Many of these laws came from tort reform back in 1995.” Wendell continued to explain that Texas Watch is concerned that, if the insurance industry succeeds in limiting policyholders’ access to lawsuits, the scales will tip “further in favor of the insurance companies.”

Matetich’s and Wendell’s testimonies certify that insurance companies are using scare tactics and made-up “facts” to persuade lawmakers to keep you, the policyholder, from holding them accountable. They’re trying to make sure that, if they deny or underpay your claim — which the reform would incentivize them to do — there is nothing you can do to fight back.

Take Action

So, what can you do to protect yourself and ensure insurance companies are held accountable for their fraud and gross negligence?

  1. Educate yourself. Learn more about the lobbyists tactics and 2015’s proposed bill here, and research hailstorm litigation reform from reputable sources. (Try your local paper or any major Texas news outlets.)
  2. Call or email your state senator to voice your concerns and give your testimony to be included in the meeting records.
  3. Find a special interest group that will represent you through formal letters, petitions and testimony.
  4. Get a great lawyer. The experienced attorneys at Chad T. Wilson Law Firm fight for our clients’ rights every single day. We’ve represented more than 1,000 homeowners throughout Harris County and East Texas to get them the insurance payments they rightfully deserve.