The roof is one of the most vulnerable parts of a home or business structure. Especially in locations with challenging weather like Houston, sudden windstorms, hail, lightning, or even hurricanes can cause catastrophic damage to these vital features. Owners of these properties may find it beneficial to retain insurance policies that offer protection from these kinds of losses.
However, even if you have a solid insurance policy, insurance companies could still deny payment after you submit a claim for a variety of reasons. This could lead to lengthy disputes over the nature of your coverage or whether an insurance company is acting in good faith. At Kirk Law Firm, PLLC, our Houston roof damage claims lawyers are dedicated to helping people like you obtain the benefits that they deserve. Our first party insurance attorneys could negotiate for a settlement or bringing insurance companies to court through lawsuits.
Roof Damage Due to Weather Events or Catastrophic Incidents
Depending on the event that led to the roof damage, an insurance company could issue a denial to a policyholder’s claim. A careful reading of an insurance policy may reveal that certain types of catastrophic events are not covered in the language of the contract. Typically, this includes damage due to hurricanes and floods.
Seeking payments for roof damage after these events often requires a close analysis of the situation. For instance, a hurricane may have been in the area on the date of loss, but the roof may have suffered damage due to a utility line falling on it after a car collided with a pole. Similar concepts can apply to damage due to water that falls from rain as opposed to damage caused by flooding Talking with one of our Houston roof damage claims attorneys could help property owners to better understand the strengths and limitations of their insurance policies.
Seeking Fair Payments for Roof Damage Through Legal Action
Parties seeking compensation for damage to their roof through their insurance policies could pursue two main options to force an insurance company to issue payments. The right path for the situation depends upon the reason for the denial.
Breach of Contract Claims
The first option is to allege that an insurance company breached its contract by failing to provide payment under a legitimate claim. These generally apply when a denial is the result of a company’s assertion that the roof or ceiling damage does not fall under the scope of the policy. In this instance, a roof damage claims lawyer in Houston could perform a full evaluation of the policy and loss and present evidence in court as to why the loss fits under the language of the contact.
This may include presenting additional evidence concerning the source of the damage. Weather reports, roof repair evaluations, and even video footage could all serve as ways to demonstrate that the source of a party’s roof damage falls under the category of a covered loss.
Bad Faith Claims
The second option is available when an insurance company violates state law by acting in bad faith. Texas Insurance Code § 542.003 forbids insurance companies from engaging in deceptive business practices. Examples of this behavior can include not gathering full information about a loss, not providing customers with proper communication, or failing to offer a fair settlement when liability is reasonably clear.
In these cases, our attorneys can work to obtain evidence about the company’s business practices. Failure to account for all evidence concerning a loss may indicate a rejection of a claim in bad faith. So too could a failure to properly communicate with a policy holder about the reason for a denial and hold proper discussions about the claim. Finally, not issuing a fair payment for all estimated repair costs after coverage under the policy is clear is in violation of state law. A successful case can result in the payment of a claim, an award for interests accrued on the account, and attorney’s fees.
Schedule a Consultation with a Houston Roof Damage Claims Attorney
Most insurance policies in Houston cover roof damage only under specific circumstances, and may explicitly deny payments following hurricanes, floods, or other acts of God. Therefore, property owners must remain aware of their rights and stand ready to demand payment after a covered loss.
A Houston roof damage claims lawyer at Kirk Law Firm, PLLC wants to help you to pursue an adequate payment. Our diligent team could work to evaluate your policy and compare it with the event that resulted in a loss. They may also examine the actions of insurance companies to determine if they are in violation of state insurance law. No matter the case, our tenacious attorneys are prepared to fight for your right to collect compensation through an insurance claim after roof damage. Reach out now to schedule your consultation.