When you purchase residential property insurance, you and the provider enter a contractual agreement. The insurer will provide the stated coverage as long as you pay your premiums and meet other terms they set. But what happens when the insurer fails to hold up their end of the deal?
McLaurin Law provides legal representation for clients navigating unfair denials of residential property insurance claims in Houston, TX. We provide guidance on policyholder rights under Texas law.
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. Consult an experienced insurance attorney to review your policy and understand your coverage.
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.
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 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.
Some insurer actions may constitute bad faith, such as those that violate the Texas Insurance Code. When an insurer acts in bad faith, the policyholder may have the right to take legal action against them to seek fair payment for the initial claim and damages related to the bad faith denial, such as legal fees.
A few examples of insurer conduct that might be in violation of the Texas Insurance Code include:
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.
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.
If you are dealing with a denied residential property insurance claim or other unfair insurer practices, seeking legal representation promptly is important to the success of your appeal or legal case. McLaurin Law represents clients across the greater Houston area, navigating bad faith claims and unfair claim denials.
Contact us today at 713-231-5903 to request a consultation with our experienced attorneys.
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.
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.
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.
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.
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Typically, the answer to this is absolutely not. Insurance companies are looking out for their own best interests and will try to get you to settle for an offer that is far below what you deserve. At McLaurin Law, we can help you seek an appropriate settlement.
After an accident, you should typically file a claim with the insurance provider of the negligent party who is responsible for your accident. It is important that you move with haste in filing a personal injury claim with the insurance carrier after an injury has occurred. Should a lawsuit eventually become necessary, it is also important to keep in mind that in the state of Texas, you must file a personal injury lawsuit within two years of the date the injury occurred.
Below are some frequently asked questions about Theft and Vandalism Claims:
Commercial insurance policies often cover losses due to vandalism, or the intentional destruction or defacement of property, but will not cover theft or burglary losses. This can be particularly complicated in cases where vandalism leads to the theft of certain items on the premises.
Homeowners’ and renters’ insurance policies generally cover vandalism and theft for residential properties. If you own your home, your homeowners’ policy will cover damage to the structure and your contents or personal belongings. If you rent your home, the property owner’s policy will cover damage to the property, while your renters’ insurance will cover your personal belongings inside the home.
Insurers often don’t like paying claims for damages sustained by their policyholders. They may assess the risks associated with your home or business location and income levels and adjust their coverage limits, so they have a decreased responsibility to pay for damages due to theft or vandalism.
For commercial policyholders, your insurance company may require you to minimize the risk of vandalism or theft. Your insurance company could require you to install security cameras and devices, advanced locking systems, and appropriate lighting. Your insurance company could still require higher coverage limits if your business is in an area that reports an increased number of thefts or vandalism.
There are several reasons your insurance company might deny a claim. A vandalism and theft attorney from our office can help you review your policy and claim denial to determine the following:
A theft and vandalism lawyer with our firm can help you determine which losses listed in your policy best fit the situation and file the appropriate evidence for your claim. Your theft and vandalism claims attorney can also speak with the insurance adjusters on your behalf. Call us at (713) 461-6500 when you need more than luck!
Below are some frequently asked questions about Wind and Hail Damage Claims:
You will need evidence that the damage your home sustained came from wind or hail.
Common signs of wind and hail damage include:
Get an inspection if you suspect your home sustained damage during a recent storm. Roofing contractors with certifications in home inspections will often be willing to mark and take photos of the damage they identify during inspection of your home and roof. A wind and hail damage attorney with our firm can use their reports to fight for approval of your claim with your insurance company.
Call our McLaurin Law wind claims attorney if your home shows signs of wind damage after a hurricane, tropical system, or particularly windy day. We can help you file your claim with your insurance company and represent you when the insurance company’s claims adjuster has additional questions.
Many insurance companies try to deny or underpay claims based on arbitrary rebuttals. For example, if you have both wind and hail damage, they may reject a portion of the claim because you filed a wind claim.
Hail damage often affects roofs more than any other part of the home. Sometimes hail only damages part of a roof, requiring a simple repair. Other times, you’ll have enough roof damage to require a full roof replacement. A McLaurin Law attorney can work closely with your roofer and insurance company to fight for full claim approval.
Insurance companies often deny claims despite ample evidence of legitimate storm damage. When this happens, the next step is to file a lawsuit against the insurance company with the guidance of a wind and hail damage claims attorney. If your insurance company denies your claim, contact us. Call McLaurin Law in Houston, TX, at (713) 461-6500 when you need more than luck!
Your number one priority should be your well-being. Seek out medical advice as soon as possible to ensure that you get the treatment you need. You should also move quickly to consult with an attorney to assist you with your personal injury claim. Critical events occur early in the personal injury claims process—such as interviews with adjusters and early damages assessments—so do not delay speaking with an attorney.
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