When you purchase residential property insurance, you and the provider enter a contractual agreement. But what happens when the insurer fails to hold up their end of the deal? McLaurin Law represents clients navigating unfair denials of residential property insurance claims in Houston, Texas.
Houston, Texas
Residential Property Insurance Claims
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Types Of Residential Property Insurance In Houston
Residential property insurance varies significantly depending on the type of policy and the stated coverage. Homeowners’ insurance is one of the popular varieties of this policy type. It generally covers the interior and exterior of the home, along with structures on the property and the homeowner’s personal liability, but exact coverage can vary.
Condo insurance is another type of residential property insurance. It generally covers the interior of the unit and the owner’s liability, while the condo association may be responsible for insuring the building’s exterior and common areas.
Renters’ insurance typically covers a renter’s personal belongings and liability, while the landlord is usually responsible for insuring the building itself, including the interior and exterior.
Other types of residential property insurance include landlord insurance, which protects landlords who rent out their properties, and mobile home insurance, which provides coverage for mobile or manufactured homes.
Understanding your type of residential property insurance and the exact coverage it includes is the first step in navigating a claim denial.
Defining Bad Faith Insurance Practices
When an insurer acts in bad faith, the policyholder may have the right to take legal action. A few examples that might be in violation of the Texas Insurance Code include:
- Failing to respond to and investigate claims in a timely manner
- Unreasonably https://mdlawtex.com/blog/what-to-do-if-a-homeowners-insurance-company-is-stalling-in-houston-texas/
- Misrepresenting the policy terms or provisions
- Failing to provide an explanation for claim denials
- Refusing to pay out claims without an investigation
When an insurance adjuster denies a claim, they generally have a responsibility to provide written notice of the denial along with the reason for it. Your attorney can help you assess the insurer’s reasoning and determine whether it was valid under the Texas Insurance Code.
What If Your Property Insurance Claim Was Denied?
Did your home insurance adjuster in Houston deny your claim? A residential property insurance claims attorney can help you determine whether the denial was warranted.
Insurance providers must adhere to the Texas Insurance Code. One of the key areas this code covers is consumer protection. It sets standards for insurance contracts and addresses deceptive insurance practices.
When insurance companies violate the Texas Insurance Code, they may be held liable in court for damages, depending on the facts of the case. Our attorneys at McLaurin Law have extensive experience representing clients through residential and flood insurance disputes.
After a claim denial, enlist an attorney to help you review the terms of your insurance policy and determine whether the denial was fair under your policy terms.
Common Reasons For Denied Homeowners’ Insurance Claims
Insurance adjusters have the right to deny claims that do not meet the terms of the policy. Other reasons an adjuster might deny a residential property insurance claim include:
- Your policy does not cover the event. If you filed a claim for an event the policy does not cover, the insurer would typically deny it. For example, not all homeowners’ insurance policies in Texas cover flood damage.
- Your coverage has lapsed. If you did not renew your residential property insurance and the policy was no longer active at the time of the event, you would not have coverage.
- The damage was due to wear and tear or lack of maintenance. If the area of your property that experienced damage was not maintained well or had deteriorated due to wear and tear, your policy might not cover the repairs.
- You did not file the claim in time. Your insurer might require you to report damage and file claims within a specific amount of time after a covered event. If you waited too long to file, the insurer might have the right to deny the claim.
Your insurer might claim any of these legitimate reasons for denying your claim. Our attorneys can review the details of your claim denial to determine whether it aligns with your policy terms and applicable laws.
Appealing A Denied Insurance Claim
You may have the right to appeal your claim denial with the help of an experienced insurance attorney. This would invite the insurance company to reassess the denial with new evidence provided by you and your legal counsel.
You may be able to request that a different adjuster be assigned to your claim. If the new adjuster still denies the claim unfairly or the appeal is unsuccessful, you may have the right to take legal action against the insurance company. Our attorneys at McLaurin Law can help you explore your legal options and rights.
Frequently Asked Questions
Does Residential Property Insurance Cover Windstorm Property Claims?
Residential property insurance sometimes covers windstorm damage, but the exact coverage depends on your policy terms. Some policies exclude damage caused by wind. Work with an attorney to review your policy and understand the scope of coverage.
What Should You Do If An Insurer Denies Your Residential Property Insurance Claim?
If an insurer denies your residential property insurance claim, consult an attorney. They will review the reason for the claim denial and help you understand whether it aligns with the Texas Insurance Code and the terms of the policy. If your attorney believes the denial was in bad faith, they can help you explore your legal options.
How Long Do Insurance Companies Have To Pay Out Claims?
The exact timelines and deadlines for residential property insurance claims will depend on the policy terms. However, insurers generally should acknowledge receipt of a claim within 15 days and accept or deny it within a reasonable time frame.
Why Might An Insurer Deny A Roof Damage Claim In Texas?
An insurer might deny a roof damage claim if the roof was already in poor condition prior to the event. Your attorney can help you determine whether your denial was in good faith under Texas law.
Contact McLaurin Law For Assistance With Residential Property Insurance Claims
If you are dealing with a denied residential property insurance claim or other unfair insurer practices, McLaurin Law is here to help. We represent clients across the greater Houston area, navigating bad faith claims and unfair claim denials.
