Severe weather is an expected cost of living or doing business in many areas. Whether the harsh conditions are the result of a hurricane, tornado, or powerful thunderstorms, the threat of hail is constant. These balls of solid ice have the potential to shatter windows, punch holes in roofs, damage exterior heating and cooling units.
Property owners will rightly want to pursue compensation for these losses by filing an insurance claim through their homeowners or businessowners policy. However, the insurance companies may deny coverage or offer a settlement for a fraction of the value of the damage. It is in these situations that a hail damage claims attorney at Kirk Law Firm, PLLC can help. Our insurance claims attorneys work to evaluate the source of damage, analyze your insurance policy, and demand that insurance companies comply with their contractual obligations and Texas state law.
Any owner of real estate knows that the specific terms and conditions of a homeowner or business owners insurance policy are crucial. While these may appear to be catch-all policies, in fact insurance companies often try to deny hail damage claims for a variety of reasons.
When it comes to hail damage, the severity of the hail, age and condition of the roof, and term of the policy may all be the determining factors as to whether an insurance company will pay the homeowner. The source and scope of damage from hail can be very subjective. An adjuster will often blame any damage on wear and tear or events that occurred prior to the policy’s effective date.
A close reading of one’s insurance policy is essential when seeking coverage or filing a claim. One of our hail damage attorneys is prepared to assist property owners in evaluating their coverage for both past and future events. Likewise, an experienced hail damage attorney has resources and knows what needs to be done to refute an adjuster’s denial or underpayment of a hail claim.
If the policy covers hail damage, it is vital to evaluate the actions of insurance company when dealing with the claim. While it is not illegal for an insurance company to deny a claim for a legitimate reason, it does violate state law for an insurance company to deny a claim in bad faith. It is a violation of the law under Texas Insurance Code § 542.003 for an insurance company to:
Bad faith as it applies to hail claims can involve an insurance company refusing to evaluate the true source of damage. It is vital to have the tools an information necessary to dispute the source and scope of the hail damage.
Once it becomes apparent that hail did cause damage under a policy, insurance companies must make an immediate fair settlement offer. This offer must align with the terms of the policy as well as estimates for a thorough repair.
If an insurance company commits any act of bad faith, they may be liable for damages under Texas state law. A demand for compensation can include not just the payment of a claim, but also interest payments and even attorney’s fees. Allowing a hail damage attorney at Kirk Law Firm, PLLC to take the lead in your claim could improve the chances of receiving fair compensation after an insurance company acts in bad faith.
Hail can cause significant damage to a residence or commercial property, even if the severity of the damage is not immediately visible to the untrained eye. After a hailstorm, property owners should immediately check their policies, take pictures of all visible damage to their property and surrounding areas, preserve any communications with an adjuster and contact an attorney that can help properly advise them of their coverage and prepare a demand for the loss.
If you have received a denial or underpayment on a claim for payment after hail damage, reach out to an experienced hail damage claims lawyer now. Our attorneys are here to advise you of your rights and help you get the coverage you pay for and are owed.