Now that the insurance company has denied my claim...
When Hurricane Harvey's winds stopped blowing and the floods receded and you could finally get back to your house or business, you found all sorts of water damage inside your building. Water was on the walls, the floors, your personal property inside the building. Clearly, the water entered the building during the storm.
And better yet, there was no flooding involved so your windstorm damage policy or the standard homeowners policy will cover the claim, you'll get your check and get back to business. The insurance company sends their adjusters over to your business, they inspect the property and tell you they will get back to you. You wait for them to respond with a check, but instead, they send a roofer out to investigate the claim. He doesn't talk to you and finally, you get a letter from your insurance company. Your claim is denied.
Why? Because they consider the water penetration into your building to be the result of "rust" or poor "maintenance". Turns out, your building is old and even though the roof never leaked before in a normal storm, the cause for it leaking in Hurricane Harvey with 100 mph winds is because of rust and poor maintenance.
Bet you didn't see that coming, did you? But here you are, with damage that your insurance policy won't pay for because your insurance company was more determined to deny the claim than cover it. The insurance company deliberately sent two different people out to confirm that they would not pay your claim. This is how insurance companies operate these days. You pay your premiums, but you have to fight to get them to pay your claim. Insurance companies did not always act this way, but they are emboldened by a Texas Legislature and the Texas Supreme Court that favors insurance companies over consumers.
So what can you do in that situation? You should contact an attorney immediately. Make sure you have your insurance policy. Not just the Declarations Page where the limits of liability are stated. Your attorney needs the actual policy itself. They will also need your correspondence with the Insurance company in whatever form it happened as well as estimates of repairs, photographs, videotapes and business records that show your income before and after Hurricane Harvey.
Don't delay. In almost all insurance policies, you have one year to file a claim for the storm and then limited time thereafter to sue them.
Contact Randy Cashiola here: