Cosmetic Damage Exclusions & Property Litigation

Recently proposed property exclusions have created intense debates among agents, adjusters, insurers and insureds. As chaotic weather conditions across the country continue to rise, these exclusions claim to focus on the type of roof damage in an effort to circumvent coverage.  Essentially, what the insurer deems as “cosmetic damage” is excluded from coverage when/if the insurers choose to use this type of endorsement.

That’s where our client, BCD (a family partnership) needed our help. On June 6th, 2018 an intense hailstorm produced wind gusts over 59 miles per hour with massive hail, ultimately destroying windshields, skylights, roofs and other exterior structures on numerous homes and businesses throughout the Dallas area.

The following day, roof leaks began to appear causing water to visibly enter 3 of the 6 commercial properties BCD owns. The businesses impacted by the leaks reached out to their landlord, who promptly filed an insurance claim with Covington Insurance.

After filing the insurance claim with their provider, the insurer sent out an adjuster who reviewed the claim for roof leaks and cited “no damage” to any of the properties. When our clients rebuked the adjuster’s findings, the insurer sent a second adjuster who this time claimed the damage was minimal and fell under the deductible but for only one of the properties. Now befuddled and irritated with their insurance company’s confusing findings, BCD hired their own public adjuster. The insurer responded by sending out an engineer who did recognize the roof damage however he now claimed the damage was merely “cosmetic” in nature.

BCD and their public adjuster recognized what Covington was up to and promptly filed suit. Covington Insurance moved the case to Federal court where both parties were ordered to participate in an early mediation. At mediation, the case settled for more than 200 times the original under-deductible estimate written by Covington. Not only was our client delighted, but the public adjuster who they hired attended mediation and was also relieved to see the insured be fully indemnified. Now our client’s tenants could go back to running their businesses without the constant threat of interior leaks and roof damage disrupting their business operations.

A cosmetic damage exclusion means damage to external surfaces, including walls, roofs, doors, and windows that allegedly only impact the appearance (but not the functional purpose) may not be covered under the policy. These are things insurers consider ornamental or cosmetic and are usually very vaguely defined so that the insurer can tailor the damage as one being “merely cosmetic” to deny the claim.

Just because you have a cosmetic damage exclusion does not mean you are out of luck with your insurance claim. Our expert insurance litigation attorneys know how insurance companies operate and the tactics they employ to delay, deny, or underpay your property insurance claim. Our consultations are free, and you owe us nothing until we win your case. Contact us today.

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.

Windstorm Rips Through Plano

June 9th, 2019 was a rough day in North Dallas. The region experienced powerful windstorms that toppled a crane, caused extensive damage to crops, and killed a young woman in Dallas. The massive amounts of ping pong ball-sized hail caused considerable roof damage to numerous properties and left thousands without power. Our client, a longtime resident of Plano, Texas was one of the many homeowners impacted by the storm.

Up, Up, And Away…

Weather reports show average wind speeds during the daylight hours at a whopping 70 miles per hour. Plano saw many of its power poles and large trees knocked down by the winds. Large tree limbs with a circumference of 6 inches are larger broke under the tremendous winds, creating considerable damage on their way down. At our client’s property, the windstorm built up enough pressure to tear the chimney off the roof, ultimately smashing down onto the cab of our client’s neighbors’ truck. Some minor water damage did occur due to the hole in the roof where the chimney used to be. The bulk of the windstorm damage happened to the outside of the home.

Experience Makes Satisfied Clients

Our client was compelled to hire us to represent them and mitigate the property damages that happened to the roof and interior of the home. We were able to hold the insurance company accountable for their role in processing our client’s claim and made them honor their contract with the insured. With a new chimney shroud and no water leaks through the roof, our satisfied client is now enjoying the closure and payout that comes from hiring one of our experienced insurance claims attorneys.

Houston Property Insurance Lawyers

We can help with your homeowner’s insurance claim denial. Our experienced property insurance attorneys have represented more than 1,000 clients in cases against insurance companies and aggressively protect the rights of insurance policyholders. Consultations are free. Contact us today.

North Texas Couple Sues for Roof Relief

North Texas Couple Sues for Roof Relief after Roof Damage

On April 2, 2017, a powerful storm blew through Tarrant County. The wind and hail created during the storm caused shingles to come loose and be blown away, exposing our client’s roof damage. 

It’s What You Know, Not WhoMetropolitan Lloyds sent their adjuster out to inspect our client’s roof damage. This adjuster had no working knowledge of slate-type roofs. The adjuster’s lack of experience, in the end, resulted in the denial of the property damage claim our client made after the storm. 

A third-party adjuster inspected the roof and determined the real property damage to be over $100,000.00. The Chad T. Wilson Law Firm sued Metropolitan Lloyds for their mishandling of our client’s home insurance claim. Ultimately, our clients received more than the estimation as the case was settled out of court.

Houston Property Insurance Lawyers
Has your homeowner’s insurance claim been denied? We can help. Representing thousands of clients against big insurance companies, our home 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.