Click here to close now.


News Feed Item

Is Texas at War with Hail Damage Insurance Claims?

AUSTIN, Texas, July 29, 2014 /PRNewswire/ -- Hail damage insurance claims have become such a big deal in Texas that the department of insurance held a symposium titled "War on Hail"  Over 2 million hail damage claims were processed from Jan. 1, 2010 to Dec. 31, 2012. During this period, the top five states generating hail damage claims were Texas (320,823); Missouri (138,857); Kansas (126,490); Colorado (118,118) and Oklahoma (114,168).

In 2010, 2011 and 2012, Texas was the state with the most hailstorm events with 557, 741 and 795, respectively according to the National Insurance Crime Bureau.

So far, 2014 Texas Hail Storms have taken its toll on property owners...

- Abilene projected losses of $400 Million
- Insured loss estimates for Denton area started at $300M then rose to $500M within a month after the occurrence.
- More than 50,000 homes were damaged throughout Kileen, Temple, and Belton

Policyholders deserve and expect a fair and prompt settlement but many dealing with the insurance claim process feel like a "Wolfpack of One".  Ok, maybe you're a "Wolfpack of Two" if you have a really good contractor. That's not a bad start, but you still have to document your claim, the occurrence, meet with the insurance company's "Claim Gang", interpret your policy, correspond and negotiate a settlement with your insurance company.  Plus, there is a pretty good chance that your insurance company may presently be at war on hail claims unbeknownst to you.

Have you experienced the effectiveness of an insurance company's "Claim Gang" comprised of Agents, Adjusters, Examiners, Engineers, Building Consultants, Labs, Actuaries, Appraisers and Attorneys?  If so, you know that these insurance claim experts work very hard on a daily basis for the interests of their gigantic insurance company employers and take great measures to protect their bottom line.

Don't forget that your Policy is a contract and its language, endorsements, exclusions and provisions were written by a gigantic insurance company loaded with adjusters, actuaries, and attorneys in compliance with the Texas state insurance code. So, if you think you're really going to have a "like it never even happened" experience, you may need to suit up like the Seattle Seahawks on Super Bowl Sunday.

Truth: Unfortunately, not all insurance claims have happy endings like the commercials you see on TV. If your building has verifiable hail and/or wind damage, it's possible you have a valid insurance claim that you should consider filing with your insurance company. Hail and wind damage might not cause your roof to leak for years. If you're not sure, have your roof inspected for damage by a reputable roofer or public insurance adjuster.

Are You Damaged And Don't Even Know It? After a building has been impacted by hail, damage may not immediately be noticeable. Many property owners are simply unaware that they have damage, but over the course of time, heat and cold expand and contract roof membranes that can cause fractures after a hail storm. Ice and heavy rain on a roof with undetected hail fractured membranes can lead to interior leaks. If you are experiencing this scenario, don't wait to get professional insurance claim assistance.

Fiction: My contractor can negotiate my insurance claim on my behalf.

Fact: While there are many expert roofers and contractors who are very good at repairing or replacing roofs, handling insurance claims is a completely different animal. The issue of roofers handing insurance claims for policyholders has driven changes in the Texas Insurance Code Section 4101.251 with the passage of House Bill 1183, that went into effect September 2013 whereby the statute specifically states, "A roofing contractor may not act as an adjuster or advertise to adjust claims for any property for which the contractor is providing or may provide roofing services, regardless of whether the contractor holds a license under this chapter." Further, insurance companies know that they are prohibited from negotiating insurance claims with contractors.

Fiction: My insurance company will cancel my policy if I file a claim.

Fact: Most states prohibit insurance companies from canceling policies for filing claims arising from weather events. Check your state and your policy language.

Fiction: If I don't file my claim, my insurance company won't raise my rates.

Fact: After a disaster, insurance companies may raise every one's rates in a specific geographic area or "tier." By not filing your legitimate claim, your personal rate increase pays for everyone else's damage except yours. Read More>> Investigation - Homeowner's insurance rates on rise

Fiction: It's too late to file a claim.

Fact: There is no time limit to notify your insurer of a loss unless the policy specifies a time limit. However, a policyholder should certainly notify the carrier as soon as the damage from the loss is discovered. Prompt notice of loss is required by most policies, though what is "prompt" is usually a fact issue--meaning it is arguable on a case-by-case basis. Some policies now require that notice of a loss must be given within one year of the date of loss. However, in order to avoid its obligations to pay policy benefits based on a failure to give prompt notice, an insurer must prove it was somehow prejudiced by the "late" notice.[1] An example of prejudice would be a policyholder's late notice of roof damage which subsequently (not simultaneously) caused water damage inside the property. Arguably, the insurer would still be responsible for the roof, but may not be responsible for the interior damages because but for the policyholder's late notice, the interior damage would have been prevented.

Insurance companies have experts working for them, you should too. If you are dealing with an insurance claim that has stalled out, been delayed, denied or underpaid, time is of the essence for you to get help. A public adjuster is a state licensed insurance adjuster who solely represents the interest of the policyholder who can level the playing field in the insurance claim process.

- By Scott Friedson, Insurance Claim Recovery Support LLC and Shannon Loyd, The Loyd Law Firm PLLC

Scott Friedson, owner of Insurance Claim Recovery Support LLC, is a Texas Licensed Public Insurance Adjuster. Shannon Loyd, owner of The Loyd Law Firm PLLC, is Board Certified in Consumer and Commercial Law. The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firms, its clients, or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

[1] PAJ, Inc. v. Hanover Ins. Co., 243 S.W.3d 630 (Tex. 2008); Hernandez v. Gulf Group Lloyds, 875 S.W.2d 691, 692-94 (Tex.1994).

Media Contact:
Insurance Claim Recovery Support LLC
[email protected]




SOURCE Insurance Claim Recovery Support; Loyd Law Firm

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
For almost two decades, businesses have discovered great opportunities to engage with customers and even expand revenue through digital systems, including web and mobile applications. Yet, even now, the conversation between the business and the technologists that deliver these systems is strained, in large part due to misaligned objectives. In his session at DevOps Summit, James Urquhart, Senior Vice President of Performance Analytics at SOASTA, Inc., will discuss how measuring user outcomes –...
As a company adopts a DevOps approach to software development, what are key things that both the Dev and Ops side of the business must keep in mind to ensure effective continuous delivery? In his session at DevOps Summit, Mark Hydar, Head of DevOps, Ericsson TV Platforms, will share best practices and provide helpful tips for Ops teams to adopt an open line of communication with the development side of the house to ensure success between the two sides.
SYS-CON Events announced today that ProfitBricks, the provider of painless cloud infrastructure, will exhibit at SYS-CON's 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. ProfitBricks is the IaaS provider that offers a painless cloud experience for all IT users, with no learning curve. ProfitBricks boasts flexible cloud servers and networking, an integrated Data Center Designer tool for visual control over the...
Recently announced Azure Data Lake addresses the big data 3V challenges; volume, velocity and variety. It is one more storage feature in addition to blobs and SQL Azure database. Azure Data Lake (should have been Azure Data Ocean IMHO) is really omnipotent. Just look at the key capabilities of Azure Data Lake:
The IoT market is on track to hit $7.1 trillion in 2020. The reality is that only a handful of companies are ready for this massive demand. There are a lot of barriers, paint points, traps, and hidden roadblocks. How can we deal with these issues and challenges? The paradigm has changed. Old-style ad-hoc trial-and-error ways will certainly lead you to the dead end. What is mandatory is an overarching and adaptive approach to effectively handle the rapid changes and exponential growth.
DevOps is here to stay because it works. Most businesses using this methodology are already realizing a wide range of real, measurable benefits as a result of implementing DevOps, including the breakdown of inter-departmental silos, faster delivery of new features and more stable operating environments. To take advantage of the cloud’s improved speed and flexibility, development and operations teams need to work together more closely and productively. In his session at DevOps Summit, Prashanth...
Docker is hot. However, as Docker container use spreads into more mature production pipelines, there can be issues about control of Docker images to ensure they are production-ready. Is a promotion-based model appropriate to control and track the flow of Docker images from development to production? In his session at DevOps Summit, Fred Simon, Co-founder and Chief Architect of JFrog, will demonstrate how to implement a promotion model for Docker images using a binary repository, and then show h...
Too often with compelling new technologies market participants become overly enamored with that attractiveness of the technology and neglect underlying business drivers. This tendency, what some call the “newest shiny object syndrome,” is understandable given that virtually all of us are heavily engaged in technology. But it is also mistaken. Without concrete business cases driving its deployment, IoT, like many other technologies before it, will fade into obscurity.
As a CIO, are your direct reports IT managers or are they IT leaders? The hard truth is that many IT managers have risen through the ranks based on their technical skills, not their leadership ability. Many are unable to effectively engage and inspire, creating forward momentum in the direction of desired change. Renowned for its approach to leadership and emphasis on their people, organizations increasingly look to our military for insight into these challenges.
Achim Weiss is Chief Executive Officer and co-founder of ProfitBricks. In 1995, he broke off his studies to co-found the web hosting company "Schlund+Partner." The company "Schlund+Partner" later became the 1&1 web hosting product line. From 1995 to 2008, he was the technical director for several important projects: the largest web hosting platform in the world, the second largest DSL platform, a video on-demand delivery network, the largest eMail backend in Europe, and a universal billing syste...
In his session at DevOps Summit, Bryan Cantrill, CTO at Joyent, will demonstrate a third path: containers on multi-tenant bare metal that maximizes performance, security, and networking connectivity.
DevOps has often been described in terms of CAMS: Culture, Automation, Measuring, Sharing. While we’ve seen a lot of focus on the “A” and even on the “M”, there are very few examples of why the “C" is equally important in the DevOps equation. In her session at @DevOps Summit, Lori MacVittie, of F5 Networks, will explore HTTP/1 and HTTP/2 along with Microservices to illustrate why a collaborative culture between Dev, Ops, and the Network is critical to ensuring success.
Manufacturing has widely adopted standardized and automated processes to create designs, build them, and maintain them through their life cycle. However, many modern manufacturing systems go beyond mechanized workflows to introduce empowered workers, flexible collaboration, and rapid iteration. Such behaviors also characterize open source software development and are at the heart of DevOps culture, processes, and tooling.
The IoT is upon us, but today’s databases, built on 30-year-old math, require multiple platforms to create a single solution. Data demands of the IoT require Big Data systems that can handle ingest, transactions and analytics concurrently adapting to varied situations as they occur, with speed at scale. In his session at @ThingsExpo, Chad Jones, chief strategy officer at Deep Information Sciences, will look differently at IoT data so enterprises can fully leverage their IoT potential. He’ll sha...
Containers have changed the mind of IT in DevOps. They enable developers to work with dev, test, stage and production environments identically. Containers provide the right abstraction for microservices and many cloud platforms have integrated them into deployment pipelines. DevOps and Containers together help companies to achieve their business goals faster and more effectively.