Appellate Victory over State Farm

At the Chad T. Wilson Law Firm, we fight for policyholders—and we win. In a pivotal case, we secured a significant victory against State Farm Lloyds, ensuring justice for our client, Alice Ladkin, an 85-year-old widow who simply wanted her rightful insurance benefits. The Second Court of Appeals of Texas ruled in favor of Ms. Ladkin, affirming that insurance companies must uphold their obligations to policyholders.

The Case Background

In July 2019, Ms. Ladkin filed a claim with State Farm Lloyds after a storm caused wind and hail damage to her home, leading to water leaks in her living-room ceiling. Instead of honoring the claim, State Farm disputed the extent of the damage, asserting that the cost of repairs fell below the deductible. Even after an independent appraisal confirmed that a full roof replacement was necessary, State Farm still refused to pay, citing preexisting conditions.

The Legal Battle

Our legal team presented compelling evidence that State Farm failed to conduct a thorough investigation and acted in bad faith by refusing a legitimate claim. The jury sided with Ms. Ladkin, issuing a strong verdict:

  • $40,000 in actual damages for home repairs.

  • $35,000 in treble damages under the Texas Deceptive Trade Practices Act (DTPA) for State Farm’s unfair treatment.

  • Attorney’s fees to ensure Ms. Ladkin wasn’t burdened with legal costs for fighting a rightful claim.

State Farm’s Appeal & The Court’s Ruling

State Farm attempted to overturn the verdict, employing several arguments in an attempt to reduce its liability. Among their primary claims, they contended that Ms. Ladkin should not recover damages exceeding the appraisal award, and they argued that the evidence presented did not justify the treble damages awarded. Additionally, they challenged the trial court’s exclusion of certain expert testimony, asserting that it would have bolstered their position. Finally, they claimed that the appellate attorney’s fees granted to Ms. Ladkin’s legal team were excessive.

Despite their efforts, the Second Court of Appeals found that most of these arguments lacked merit. The court upheld the jury’s findings regarding actual and treble damages, reaffirming that the insurer’s bad faith conduct warranted the significant financial penalties. The only aspect of the ruling that required further review pertained to the appellate attorney’s fees, which were remanded for further proceedings. The core takeaway? State Farm could not escape accountability for its failure to honor a valid claim.

This ruling reinforces a vital principle: insurers who engage in bad faith tactics cannot expect to evade justice through legal maneuvers. This case sets a clear precedent that insurance companies must be held accountable when they attempt to shirk their obligations to policyholders.

Why This Win Matters

This victory extends far beyond one policyholder—it’s a crucial win for all homeowners and business owners who rely on their insurance policies to protect them in times of crisis. Far too often, insurers deploy delay tactics, underpay claims, or outright deny coverage, leaving vulnerable homeowners to bear the financial burden alone. This case shines a light on those practices and underscores the importance of holding insurers accountable.

The implications of this decision are profound. First, it reassures policyholders that they have the right to challenge unfair claim denials. Many homeowners assume they have no recourse when an insurer disputes their claim, but this case proves otherwise. When policyholders stand up for their rights—and have a legal team committed to their fight—they can prevail against even the largest insurance providers.

Furthermore, this ruling puts insurance companies on notice. They cannot simply deny claims in bad faith, hoping policyholders will accept their decision without contest. When they refuse to conduct fair investigations or attempt to shift the burden onto homeowners, they risk severe legal and financial consequences.

For homeowners, this means greater confidence in pursuing claims when they are wronged. It reminds them that insurance policies are contracts, and those contracts must be honored. This ruling empowers individuals to push back against unfair practices and seek the compensation they are rightfully owed.

At Chad T. Wilson Law Firm, we remain dedicated to advocating for policyholders. This victory is a testament to our commitment to ensuring justice prevails, and we will continue to stand up against bad faith insurance practices to protect homeowners and business owners alike.

Is Your Insurance Company Giving You the Runaround? Let’s Talk.

If you’re facing unjust claim denials or delays, don’t settle for less. Contact us today for expert legal representation.

Call us today to schedule your free consultation.

Insurance Companies Denied The Most Claims

The challenges facing homeowners in disaster-prone areas have grown exponentially, particularly in California. In 2023, three major home insurance companies in the state denied claims at rates significantly higher than the national average, according to a report from Weiss Ratings (source). This trend raises concerns about the state of home insurance amid a climate crisis that continues to increase the frequency and severity of natural disasters. Here are the insurance companies that denied the most claims.

The Numbers Behind the Insurance Denials

Weiss Ratings found that affiliates of Farmers Insurance, based in Los Angeles, denied approximately 50% of claims in California in 2023. USAA affiliates followed closely, declining 48% of claims, while Allstate Insurance, headquartered in Illinois, denied 46% of claims. These figures are starkly higher than the nationwide claim denial rate of 37% and represent a sharp increase from 25% two decades ago.

It’s important to note that these numbers reflect claims denied before California’s devastating wildfires in Los Angeles, which have destroyed more than 12,000 structures. The surge in climate-related disasters has sent insurance costs soaring and, in some cases, prompted insurers to drop coverage in high-risk areas altogether (sourc

Understanding Why Insurance Claims Are Denied

While the Weiss report paints a concerning picture, insurance companies argue that the numbers are more nuanced than they appear. Many of the denied claims cited in the report were closed without payouts because:

  • Damages Did Not Exceed the Deductible: Claims were below the policy’s threshold for coverage.

  • Policy Exclusions: The reported damage was not covered under the specific policy.

Despite these explanations, the end result for policyholders remains the same—no financial assistance to repair or rebuild after damage.

The Climate Crisis and Its Impact on Insurance

Martin Weiss, CEO of Weiss Ratings, attributes the rise in denied claims to the increasing number of climate-related disasters that inflict severe damage or total destruction on homes. The human-driven climate crisis has made extreme weather events more frequent, leaving insurers grappling with soaring costs.

In response to the Los Angeles wildfires, California Insurance Commissioner Ricardo Lara took action to protect affected policyholders. Lara prohibited insurance companies from dropping or refusing to renew policies for up to a year for those impacted by the fires, ensuring homeowners have a safety net as they recover (source).

“Losing your insurance should be the last thing on someone’s mind after surviving a devastating fire,” Lara stated.

What This Means for Homeowners

The Weiss report highlights a critical issue for policyholders: even with protections against non-renewals, insurers are not obligated to approve all claims. This underscores the importance of understanding your policy’s terms, including coverage limits, exclusions, and deductibles.

For homeowners facing denied or underpaid claims, working with an experienced insurance attorney can make all the difference. Legal representation can help policyholders navigate the complex claims process, challenge unfair denials, and secure the compensation they deserve.

How Chad T. Wilson Law Firm Can Help

At Chad T. Wilson Law Firm, we specialize in holding insurance companies accountable for their obligations to policyholders. If your claim has been denied or underpaid, our dedicated team is here to fight for your rights and ensure you receive a fair resolution.

Don’t let your insurance company shortchange you in your time of need.

Contact us today for a free consultation and let us help you rebuild with confidence.

What You Can Do When Home Insurance Fails

home insurance fails

For Karen and Tony Hoover, the last thing they expected after nearly 50 years of insuring their San Francisco Victorian home with Liberty Mutual Insurance was to face a sudden non-renewal of their policy. The cited reason? Aerial photographs allegedly showing “moss, mildew, algae, and mold” on their roof—photos that turned out to be misleading. The Hoovers’ determined fight to restore their coverage not only highlights the challenges many homeowners face today but also serves as a guide for others navigating similar situations.

The Hoovers’ Fight for Coverage

After receiving a non-renewal letter, the Hoovers were baffled. The aerial photograph, which seemed to be sourced from Google Earth, showed no visible evidence of the alleged damage. “All they do is show this picture of the whole roof—looking down. You can’t see one mark of discoloration,” Karen Hoover told reporters from 7NEWS (source).

Determined to clear their name, the couple hired Excelsior Roofing, a reputable local roofing company, to conduct a professional inspection. The results? The roof was in excellent condition, with no signs of mold, algae, or other issues. Armed with detailed photographs and a clean report, the Hoovers appealed the cancellation. While Liberty Mutual initially remained unresponsive, media involvement quickly led to their policy being reinstated.

A Growing Crisis in Home Insurance

The Hoovers’ case isn’t isolated. Across the U.S., especially in disaster-prone states like California and Florida, homeowners are facing increased challenges with insurance cancellations and non-renewals.

  • California: Since 2022, seven of the top 12 insurance carriers have cut existing policies or stopped issuing new ones, leaving thousands of homeowners scrambling for coverage.

  • Florida: In November 2024, Florida’s leading insurance company dropped over 200,000 policies in the wake of Hurricanes Helene and Milton.

An NBC News analysis found that 1 in 8 American homeowners now lack insurance—a troubling statistic in the face of increasing natural disasters.

What to Do if Your Home Insurance Is Canceled

Facing a non-renewal or cancellation can be overwhelming, but there are steps you can take:

  1. Request DocumentationAsk your insurer for a detailed explanation of the decision and any supporting materials, such as photographs or assessments.

  2. Get an Independent Inspection: If cited for property issues, hire a reputable inspector to provide a second opinion.

  3. Complete Necessary Repairs: Address any issues promptly, such as roof repairs or removing debris, to meet the insurer’s requirements.

  4. Contact Your State’s Department of Insurance: If you’re unable to resolve the issue, your state’s Department of Insurance can help ensure the insurer is complying with regulations.

  5. Explore State Insurance Plans: Many states offer last-resort insurance options. For example:

    • California FAIR Plan: Provides basic fire insurance for at-risk properties.

    • Florida Citizens Property Insurance: A non-profit program for homeowners unable to secure traditional policies.

Advocating for Your Rights

The Hoovers’ ordeal underscores the importance of self-advocacy and persistence. By staying informed and proactive, homeowners can challenge unjust decisions and secure the coverage they need.

How Chad T. Wilson Law Firm Can Help

At the Chad T. Wilson Law Firm, we specialize in helping policyholders navigate insurance disputes, from non-renewals to denied claims. Our team of experienced attorneys is dedicated to ensuring that your rights are protected and that you receive the coverage and compensation you deserve.

If your home insurance has been canceled or your claim unfairly denied, don’t face it alone. Contact us today for a free consultation, and let us help you fight back and protect your home.

Colorado's Insurance Crisis

Colorado’s Insurance Crisis

Wildfire risk is on the rise across Colorado, and homeowners are feeling the strain—not only from the physical dangers of fires but also from the growing challenges in securing affordable and comprehensive insurance coverage. Experts warn that the state is teetering on the edge of an insurance crisis similar to what California is currently facing.

Why Colorado Is at Risk

Carole Walker, Executive Director of the Rocky Mountain Insurance Information Association (RMIIA), explains that Colorado’s status as a high-catastrophe state, coupled with unprecedented natural disasters, has created a challenging environment for insurers. “We’re all seeing that play out in rising premiums and also a more limited marketplace for access to insurance,” Walker stated (source).

Over the last decade, insurance companies have experienced consistent financial losses in the state. As a result, homeowners in areas deemed high-risk are being dropped from their policies or facing skyrocketing premiums. For example:

  • In Coal Creek Canyon, residents were abruptly dropped by their insurers in late 2024.

  • In Castle Rock, HOA fees in the Latigo community doubled due to a 600% increase in insurance premiums.

  • Homeowners in Arvada reported difficulty finding coverage, with one resident receiving only a single quote after contacting 20 insurance companies.

What Makes Colorado Vulnerable?

Colorado shares many of the same risks as California, including wildfire-prone areas and rapidly increasing reconstruction costs. However, Walker points out that the state hasn’t yet implemented the same “man-made catastrophes”—policy decisions—that have worsened California’s crisis. Still, she warns that Colorado is “a few bad decisions away” from a similar outcome.

What Homeowners Can Do

As the insurance landscape shifts, it’s crucial for Colorado homeowners to take proactive steps:

Review Your Insurance Policy

Understand what your policy covers, including wildfire and natural disaster risks.

Take Advantage of Discounts

 Speak with your insurance professional about potential savings and discounts you might qualify for.

Consider Mitigation Programs

Wildfire mitigation efforts, such as creating defensible space around your property, can reduce risk and make your home more attractive to insurers.

Explore All Insurance Options

While the Colorado FAIR Plan provides last-resort coverage for properties at extreme risk, it’s best to exhaust traditional options first.

The Role of Legislative Action

Walker emphasized the importance of collaboration between homeowners, insurers, and legislators to stabilize Colorado’s insurance market. Programs that scale wildfire mitigation efforts could make a significant difference in reducing risk and costs. “We know that wildfire is one of those risks that we can bend down through mitigation,” she said. “Doing it at a scale that makes a difference to those insurance companies is key.”

How Chad T. Wilson Law Firm Can Help

At the Chad T. Wilson Law Firm, we understand the challenges homeowners face in securing fair and adequate insurance coverage. Our team specializes in holding insurance companies accountable, ensuring that policyholders receive the compensation they deserve when disaster strikes.

If your insurance claim has been denied or underpaid, don’t navigate the complexities alone. Contact us today for a free consultation, and let us help you protect your home and financial future.

State Farm Policies Impact Californians

State Farm Policies Impact Californians

State Farm, California’s largest home insurer, is requesting a 30% rate increase on homeowners insurance. The company cites wildfire risks and rising reconstruction costs as reasons for the hike. However, advocacy group Consumer Watchdog has raised concerns about the fairness of these rates.

Why is Consumer Watchdog criticizing State Farm?

Consumer Watchdog alleges that State Farm has been overpaying for reinsurance from its parent company, State Farm Mutual, while recovering little in return. According to Yahoo Finance, State Farm spent $2.2 billion on reinsurance from 2014 to 2023 but recovered less than 20% of that cost. Carmen Balber, executive director of the group, stated:

“Reinsurance is a main reason State Farm is asking for its massive 30% rate hike — but the company is overpaying for reinsurance, and consumers shouldn’t foot the bill” (Yahoo Finance, 2024).

How are Californians affected?

The proposed hike comes at a challenging time for California homeowners. State Farm has already raised rates by 20% earlier this year and announced it will not renew 72,000 policies. These changes coincide with similar moves from other major insurers, like Farmers and Allstate, who are raising premiums or withdrawing from California due to escalating wildfire risks and claims costs.

California Insurance Commissioner Ricardo Lara has introduced reforms to stabilize the state’s insurance market. However, Consumer Watchdog strongly opposes a new regulation allowing insurers to pass reinsurance costs directly to policyholders. They argue that State Farm’s practices are “Exhibit A” for why this rule could lead to unfair pricing for consumers.

What does this mean for California homeowners?

The Department of Insurance is reviewing State Farm’s rate hike request and demanding more transparency about its reinsurance agreements and financial health. The decision could have major implications for policyholders already struggling with high premiums and limited options.

Source: Yahoo Finance, State Farm Accused of Funneling Excess Reinsurance Costs to Parent Company, 2024. Read the full article here.

Citizens Property Insurance Under Fire after Hurricane Debby

On August 5, 2024, Hurricane Debby made landfall in Florida, bringing 99 mph winds, a 6-foot storm surge, and dozens of tornadoes. The storm caused extensive flooding and wind damage, leaving thousands of homes and businesses demolished and tragically resulting in eight fatalities.

Why are claims being denied?

Citizens Property Insurance, Florida’s largest insurer with over 1.2 million policies, denied 77% of claims related to Hurricane Debby. According to Newsweek, Citizens spokesperson Michael Peltier explained:

“That area received minimal wind damage but significant flood/surge damage. Since surge and flood are excluded, most of the claims have been denied or closed with no payment” (Newsweek, 2024).

Flood damage, not covered under standard property insurance, forces many homeowners without flood insurance to rely on FEMA grants for financial support.

How does this impact Florida homeowners?

The effects of Hurricane Debby highlight ongoing challenges in Florida’s insurance market. While Citizens is designed as a “last-resort” insurer, its high denial rates leave many policyholders struggling with repair costs. U.S. Senator Sheldon Whitehouse has raised concerns about the company’s financial stability, warning:

“Citizens is potentially one catastrophic storm or storm season away from losses that exceed its immediate ability to pay by billions” (Newsweek, 2024).

Floridians face rising premiums, limited coverage options, and uncertainty about their insurance claims. The state’s insurance crisis underscores the importance of understanding policy limitations and exploring flood insurance as an additional safeguard.

Source: Newsweek, Florida’s Largest Insurer Denies Hurricane Debby Claims, 2024. Read the full article here.

Major Victory Over State Farm

SunisaLeeMural Chad T. Wilson Law Firm

We are proud to announce a major victory for our client, Cheu Lee, a first generation Hmong American who came to the U.S. as a Vietnam War refugee in 1976. Since then, he has worked tirelessly to build a better life, culminating in the ownership of a commercial building in his community—a building proudly adorned with a mural of his granddaughter, Olympic gold medalist Sunisa Lee.

Mr. Lee’s case involved State Farm’s failure to pay a windstorm claim, which left his building with extensive interior damage. State Farm failed to honor his claim, leaving his businesses—including a tax accounting office, the Hmong Pages newspaper, and his wife’s dance studio—at a standstill. This building represented more than just a place of business. It was the culmination of a lifetime of hard work and a symbol of pride for both Cheu and the Hmong community.

Cheu’s dedication during this case was extraordinary. Attorney Hunter Odom recalls, “You could tell this was more than just a court case to Mr. Lee.  He was early to arrive at the courthouse every morning, despite serious personal obligations that would have prevented most from attending, and he never once complained.” Mr. Lee’s perseverance certainly paid off! With this compensation, Mr. Lee can now repair his building and continue the work he’s spent his life building.

HUNTER ODOM

“When the clerk read the verdict, there was a feeling of immediate relief, followed almost instantaneously by appreciation from Mr. Lee.  He shook Jim’s hand and mine, and he left the courtroom facing us in thanks,” says attorney Hunter Odom. “Mr. Lee’s story is exactly why I became an attorney. He represents the American dream—hard work, resilience, and dedication to family. It was an honor to stand by him in this fight.”

Jim Smith, our local counsel, was integral to the success of this case. His expertise and dedication, alongside Hunter’s, helped ensure that justice was served, and Mr. Lee can begin recovering what he lost. This is more than just a legal victory—it’s a testament to the perseverance of the enduring strength of the American dream. Congratulations to Cheu Lee and his family.

At the Chad T. Wilson Law Firm, we fight for clients like Cheu Lee, standing by them through every step of the legal process. This victory is about restoring what people like Mr. Lee have built and preserving what they’ve created for their families and communities. We are proud to help clients protect their dreams and rebuild their futures, one case at a time.

On September 19th, we celebrate International Talk Like a Pirate Day—a fun reminder of the days when treasure, ships, and the high seas ruled the world. But did you know that modern property insurance can trace its roots back to the dangerous days of piracy?

Early Beginnings: Hammurabi 

The early days of insurance were born out of necessity on treacherous waters. The origins of insurance can be traced back to ancient Babylonian times, as early as 1750 B.C.! 

The concept of insurance emerged through the Babylonian practice of bottomry, introduced in the Code of Hammurabi. An early form of insurance, bottomry allowed merchants to secure loans against their ship’s cargo. 

To limit their risks, goods would be divided among several ships. This way, even if one vessel fell victim to marauding pirates, the entire shipment wouldn’t be lost. If the cargo was lost at sea—due to piracy or natural disasters—the loan did not have to be repaid. This practice highlighted the need to spread risk across multiple parties to minimize individual loss.

History of insurance Pirates and Property Insurance a cartoon of a ship in the ocean during Ancient Babylon

Medieval Guilds and Group Coverage

In medieval Europe, the guild system offered a different kind of insurance, focusing on craftsmen and their livelihoods. Guild members would pool resources to protect against losses such as theft, fire, or even death. This communal approach to risk management allowed more people to leave farming for trades– ultimately contributing to economic diversification and growth.

a cartoon of a boat in the water

The Role of Lloyd’s of London

As European powers expanded their trade routes to the New World in the 1600s, the high seas became rife with pirates who targeted ships carrying valuable goods such as gold, silver, spices, and tobacco. The risk of losing an entire shipment to pirates was still very much a reality, and this spurred the development of more sophisticated insurance practices.

Lloyd’s of London, originally a humble coffeehouse, became a meeting spot for merchants and shipowners to secure maritime insurance. 

At Lloyd’s, shipowners, merchants, and investors would gather to assess the risks associated with various voyages. They would “underwrite” a portion of the ship’s cargo, meaning they would agree to cover a certain percentage of the losses if the ship were attacked by pirates or succumbed to other dangers. This system allowed merchants to distribute the risk of piracy across multiple investors, making long-distance trade more viable. Thus, the practice of underwriting emerged—shipowners could share the risk with multiple investors, reducing the financial blow of piracy.

It was because of this that Lloyd’s of London became a hub for maritime insurance, particularly in an era when piracy was a constant threat. The ability to spread risk through multiple underwriters not only mitigated the financial impact of piracy but also encouraged the growth of international trade.

Pirate Day Pirate Attack on Property Insurance Ship

The Golden Age of Piracy and Insurance Innovation

Considered the Golden Age of Piracy, the 1650s to the 1730s was a period when pirate attacks reached their peak, particularly in the Caribbean. This era saw the emergence of famous pirates like Blackbeard and Captain Kidd, whose exploits terrorized merchants and shipowners. The high frequency of pirate attacks led to increased demand for insurance, as merchants sought to protect their investments.

Insurance companies responded by creating specialized policies that addressed the unique risks posed by piracy. These policies often included higher premiums and more stringent terms, reflecting the heightened danger of maritime trade during this period. The development of these policies marked a significant advancement in the insurance industry, as insurers began to differentiate between various types of risks and tailor their offerings accordingly.

Legal and Military Responses to Piracy

Governments increased naval patrols and enacted harsh penalties for piracy. However, pirates adapted and endured during this time as well, never making it easy for governments or companies to predict their next move.

The War of Jenkins’ Ear (1739–1748) between Britain and Spain saw a significant increase in piracy, leading to higher insurance premiums for merchants. In response, insurance companies developed more sophisticated methods of risk assessment and began offering policies that specifically covered losses due to piracy.

The Decline of Piracy and the Rise of Modern Insurance

By the mid-18th century, piracy began to decline due to increased naval presence and international cooperation against pirate activities. As the threat of piracy diminished, insurance companies shifted their focus to other emerging risks, such as natural disasters and war. However, the legacy of piracy continued to influence the insurance industry, particularly in the areas of risk assessment and underwriting practices.

The decline of piracy also coincided with the growth of the global insurance market, as companies expanded their offerings to cover a wider range of risks. The principles established during the era of piracy—such as spreading risk and tailoring policies to specific threats—became foundational elements of modern insurance practices.

Ahoy!

The history of insurance is a story of adaptation to ever-present risks, with piracy playing a crucial role in shaping the industry. From the early days of bottomry in ancient Babylon to the sophisticated underwriting practices at Lloyd’s of London, the need to manage the threat of piracy drove significant innovations in insurance. Insurance has evolved from these early maritime practices to become the industry it is today. While they once were for the little guy, it seems today, many insurance companies ARE the pirates. Whether you’re protecting your treasure chest or your home, insurance should ALWAYS have your back!

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