If your property was damaged by an event that is covered by your insurance policy, knowing you took the necessary precautionary measures can afford you considerable peace of mind. It should be noted, however, that policy provisions can vary considerably, and determining the date of loss may play a key role in whether your claim will be accepted or denied.
Contact our experienced insurance claims attorneys to learn the importance of knowing policy provisions when selecting a date of loss. The lawyers at Kirk Law Firm, PLLC can help you from the beginning to the end of the claims process.
NorthStar Valuation Co. vs. General Star Indemnity Co.
The importance of having a thorough understanding of the provisions included in your property insurance policy is highlighted by the case NorthStar Valuation Co. vs General Star Indemnity Co. NorthStar purchased an insurance policy from General Star for a Texas property. The policy was effective from September 17, 2021, to September 17, 2022.
Damage Caused by a Windstorm
In February of 2022, NorthStar’s property suffered serious damage from a windstorm. General Star, however, did not receive their claim until July of 2023, 515 days after the storm.
The 180-Day Reporting Endorsement
NorthStar’s policy had a 180-day reporting endorsement for damage caused by hail or wind. The language used in the policy stated that coverage would be precluded if notification of loss was not made within 180 days of the weather event. The policy also stated that the time limit applied even if the insured party lacked constructive knowledge of the damage caused by the hail or wind.
NorthStar’s Complaint
When General Star denied NorthStar’s claim, NorthStar filed a complaint. While the case involved a range of allegations and complexities, the court ultimately determined that the plain language of the insurance contract prevailed. Because NorthStar failed to make its claim within that 180-day window, General Star’s motion to dismiss NorthStar’s complaint was upheld.
This case is a keen reminder of just how critical policy provisions and their wording are when it comes to collecting on insurance claims and selecting a date of loss.
The Burden of Proof
When it comes to property damage that is covered by an insurance policy in Texas, the burden of proof for establishing the date of the event that caused the damage lies with you. This means that you must be able to draw a direct line from the reported date of loss to the damage your property suffered.
Ultimately, having a solid understanding of the terms included in your policy and remaining in compliance with them is key to bringing a successful claim. Fortunately, our knowledgeable lawyers can help with this.
Protecting Your Claim
Becoming familiar with the provisions included in your policy is one of the most important steps you can take to protect your claim.
Know the Filing Dates That Apply
Knowing the specific filing deadlines that apply to your policy is paramount. As the NorthStar case demonstrates, missing a deadline that is plainly stated in the policy can support a claim denial, resulting in serious financial loss.
Carefully Document Damage
Carefully documenting all property damage that was caused by an insured weather event goes hand in hand with knowing the terms of your policy. You can easily establish the exact date that a serious weather event, such as hail or a windstorm, occurred. It is much more difficult, however, to directly connect the event to the property damage you have suffered if you do not have adequate documentation.
Contact Our Attorneys To Discuss Your Insurance Policy’s Provisions and the Importance of Determining A Date of Loss
Our dedicated Texas insurance claims attorneys at Kirk Law Firm, PLLC are well prepared to discuss the importance of knowing your policy’s provisions when selecting a date of loss. We can help protect your rights from the beginning by making sure your claim is filed correctly and walking you through the entire claims process. For more information about how we can assist you, contact us today.
