Chad T. Wilson recently sat down with Roofing Insights to discuss his firm’s recent legal victories against State Farm. Watch the full interview below. You can also read about the State Farm cases here and here.
Chad T. Wilson Courtroom Victories Against State Farm:
In March this year, the Texas Supreme Court published its landmark opinion on another Chad T. Wilson Law Firm case – again, a client insured by State Farm, Luis Hinijos. This was a huge win for all policyholders in Texas because it stopped all insurance companies from utilizing a carrier-created loophole to circumvent Texas law. Here’s the typical scenario. An insured has a covered loss and notifies their insurance company. The company would accept the claim and pay pennies on the dollar of the damages. The insured would complain but the carrier would not budge far from its initial position. The insured would then sue and the carrier, State Farm being the worst culprit, would run up litigation expenses. Appraisal of the damages would be invoked to set the cost to repair; the carrier would send a check for the appraisal award less the depreciation less the deductible less prior payments if any. The carrier would run back to the court and ask for summary judgment claiming “no harm, no foul judge” – and they were getting away with it. This left insureds economically upside down on their cases. The Chad T. Wilson Law Firm took Mr. Hinojos’s case to the Texas Supreme Court to stop this trend in its tracks. The Court agreed stating that an insurer is not absolved of its statutory liability when it pays only part of a claim within the statutory deadline set forth in the statute. An insurer that fails to pay all amounts that “must be paid” under the applicable policy will be liable for interest and attorney’s fees. On the street, this means if an appraisal award comes back higher than the insurance company’s initial estimate of damages, they owe the difference plus interest plus attorney fees and they are still on the hook for damages for violations of the Texas Insurance Code and Texas Deceptive Trade Practices Act.
Unanimous Jury Verdict in Tarrant County for CTWLF Client: Jury found State Farm knowingly violated the Texas Insurance Code Jury awarded Plaintiff damages equivalent to seven times his property damage
After the trial concluded, jurors stated they were disappointed with how State Farm handled Aaron’s claim, how State Farm ‘covered up’ the first adjuster’s haphazard inspection, and were deeply troubled that it took three years and a trial for State Farm to admit they made a mistake; it obvious to the jury that State Farm’s admission was only for damage control, there was no remorse. This jury was made up of Tarrant County citizens, a jurisdiction typically known as a tough venue for Plaintiffs. Not only did this jury see Defendant State Farm’s actions were wrong, they returned a unanimous verdict that left no doubt how wrong State Farm was in this case.
Has your claim been denied?
The Chad T. Wilson Law Firm handles insurance property disputes and takes on tough, serious cases against some of the largest corporations in America. With a proven track record of getting things done, Chad T. Wilson is fighting for courtroom victories against State Farm and other major insurance carriers. If your homeowner’s insurance claim has been denied, delayed or, underpaid, call us. We have represented thousands of homeowners against insurance companies, big and small. As a contingency-based law firm, our expert insurance claims attorneys aggressively fight for the rights of the policyholder. Free consultation. No recovery equals no fee. Contact us today.