When you submit a claim for hail damage and your insurer denies it, you should secure legal representation early in the claim dispute process.
Our experienced insurance claims attorneys know how to handle insurers with an interest in denying or underpaying your claim. We could help assert your rights to recover on your claim, starting with a free consultation to evaluate your case.
Options for Consumers Whose Claims Were Denied
The Texas Insurance Code Chapter 541 protects the interests of consumers by regulating how the insurance industry operates. Subchapter B. lists acts and practices by insurers that it considers “unfair or deceptive.” When an insurance company commits any of those prohibited acts, consumers have the right to bring a lawsuit per TIC § 541.151 Subchapter D.
When an insurance company denies a hail damage claim, TIC § 541.060 Subchapter B. applies. Under that section, it is unlawful for an insurer to misrepresent facts or policy provisions related to the disputed coverage that are considered significant, fail to send the insured person a reason for denying their claim, and not give an approval or denial of a claim within a reasonable amount of time.
Insurance companies that break any one of these rules can be sued for monetary damages. Not only can you recover the cost of repairing the hail damage on the denied claim, but you can also recover attorney fees, litigation costs, penalty interest, and up to three times your actual hail damages
Compensation for Litigation Costs
When an insured person wins their case against an insurance company, additional remedies are available to cover the expenses of litigating their claim.
TIC Subchapter D. § 541.152 and TIC § 542.060 entitles successful plaintiffs to recover actual damages, penalty interest, attorney’s fees, and court costs. Further, TIC § 541.152 asserts that if the insurer knowingly violates these regulations, the insured can recover treble damages of up to three times the actual damages.
A lawyer could help an insured person receive financial compensation above and beyond the amount needed to fix the hail damage to their property when their insurer breaks the law in denying their claim.
Seek Help From a Lawyer After Your Hail Damage Claim Is Denied by Your Insurer
Insurance companies acting in bad faith rely on policyholders who do not pursue legal representation that will enforce the provisions of that law.
Kirk Law Firm, PLLC, offers free consultations to discuss your options after a denied or underpaid hail damage claim and enforce your protections under the law. With our help, you could obtain the money to repair or replace your hail-damaged property.
Contact us today to schedule a free consultation.
