Welcome!

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
855-203-2226
[email protected]

 

 Photos:
http://www.prlog.org/12353462

 

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
The cloud promises new levels of agility and cost-savings for Big Data, data warehousing and analytics. But it’s challenging to understand all the options – from IaaS and PaaS to newer services like HaaS (Hadoop as a Service) and BDaaS (Big Data as a Service). In her session at @BigDataExpo at @ThingsExpo, Hannah Smalltree, a director at Cazena, will provide an educational overview of emerging “as-a-service” options for Big Data in the cloud. This is critical background for IT and data profes...
Father business cycles and digital consumers are forcing enterprises to respond faster to customer needs and competitive demands. Successful integration of DevOps and Agile development will be key for business success in today’s digital economy. In his session at DevOps Summit, Pradeep Prabhu, Co-Founder & CEO of Cloudmunch, covered the critical practices that enterprises should consider to seamlessly integrate Agile and DevOps processes, barriers to implementing this in the enterprise, and pr...
Eighty percent of a data scientist’s time is spent gathering and cleaning up data, and 80% of all data is unstructured and almost never analyzed. Cognitive computing, in combination with Big Data, is changing the equation by creating data reservoirs and using natural language processing to enable analysis of unstructured data sources. This is impacting every aspect of the analytics profession from how data is mined (and by whom) to how it is delivered. This is not some futuristic vision: it's ha...
The principles behind DevOps are not new - for decades people have been automating system administration and decreasing the time to deploy apps and perform other management tasks. However, only recently did we see the tools and the will necessary to share the benefits and power of automation with a wider circle of people. In his session at DevOps Summit, Bernard Sanders, Chief Technology Officer at CloudBolt Software, explored the latest tools including Puppet, Chef, Docker, and CMPs needed to...
With the Apple Watch making its way onto wrists all over the world, it’s only a matter of time before it becomes a staple in the workplace. In fact, Forrester reported that 68 percent of technology and business decision-makers characterize wearables as a top priority for 2015. Recognizing their business value early on, FinancialForce.com was the first to bring ERP to wearables, helping streamline communication across front and back office functions. In his session at @ThingsExpo, Kevin Roberts...
Let’s face it, embracing new storage technologies, capabilities and upgrading to new hardware often adds complexity and increases costs. In his session at 18th Cloud Expo, Seth Oxenhorn, Vice President of Business Development & Alliances at FalconStor, will discuss how a truly heterogeneous software-defined storage approach can add value to legacy platforms and heterogeneous environments. The result reduces complexity, significantly lowers cost, and provides IT organizations with improved effi...
Cognitive Computing is becoming the foundation for a new generation of solutions that have the potential to transform business. Unlike traditional approaches to building solutions, a cognitive computing approach allows the data to help determine the way applications are designed. This contrasts with conventional software development that begins with defining logic based on the current way a business operates. In her session at 18th Cloud Expo, Judith S. Hurwitz, President and CEO of Hurwitz & ...
It's easy to assume that your app will run on a fast and reliable network. The reality for your app's users, though, is often a slow, unreliable network with spotty coverage. What happens when the network doesn't work, or when the device is in airplane mode? You get unhappy, frustrated users. An offline-first app is an app that works, without error, when there is no network connection.
Data-as-a-Service is the complete package for the transformation of raw data into meaningful data assets and the delivery of those data assets. In her session at 18th Cloud Expo, Lakshmi Randall, an industry expert, analyst and strategist, will address: What is DaaS (Data-as-a-Service)? Challenges addressed by DaaS Vendors that are enabling DaaS Architecture options for DaaS
One of the bewildering things about DevOps is integrating the massive toolchain including the dozens of new tools that seem to crop up every year. Part of DevOps is Continuous Delivery and having a complex toolchain can add additional integration and setup to your developer environment. In his session at @DevOpsSummit at 18th Cloud Expo, Miko Matsumura, Chief Marketing Officer of Gradle Inc., will discuss which tools to use in a developer stack, how to provision the toolchain to minimize onboa...
SYS-CON Events announced today that Catchpoint Systems, Inc., a provider of innovative web and infrastructure monitoring solutions, has been named “Silver Sponsor” of SYS-CON's DevOps Summit at 18th Cloud Expo New York, which will take place June 7-9, 2016, at the Javits Center in New York City, NY. Catchpoint is a leading Digital Performance Analytics company that provides unparalleled insight into customer-critical services to help consistently deliver an amazing customer experience. Designed...
With the proliferation of both SQL and NoSQL databases, organizations can now target specific fit-for-purpose database tools for their different application needs regarding scalability, ease of use, ACID support, etc. Platform as a Service offerings make this even easier now, enabling developers to roll out their own database infrastructure in minutes with minimal management overhead. However, this same amount of flexibility also comes with the challenges of picking the right tool, on the right ...
CIOs and those charged with running IT Operations are challenged to deliver secure, audited, and reliable compute environments for the applications and data for the business. Behind the scenes these tasks are often accomplished by following onerous time-consuming processes and often the management of these environments and processes will be outsourced to multiple IT service providers. In addition, the division of work is often siloed into traditional "towers" that are not well integrated for cro...
SYS-CON Events announced today that FalconStor Software® Inc., a 15-year innovator of software-defined storage solutions, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. FalconStor Software®, Inc. (NASDAQ: FALC) is a leading software-defined storage company offering a converged, hardware-agnostic, software-defined storage and data services platform. Its flagship solution FreeStor®, utilizes a horizonta...
With an estimated 50 billion devices connected to the Internet by 2020, several industries will begin to expand their capabilities for retaining end point data at the edge to better utilize the range of data types and sheer volume of M2M data generated by the Internet of Things. In his session at @ThingsExpo, Don DeLoach, CEO and President of Infobright, will discuss the infrastructures businesses will need to implement to handle this explosion of data by providing specific use cases for filte...