Articles Posted in Hail Claims
Homeowners Insurance Claims – Got To Give Notice
Claim Denied (Attorney Fees)
Insurance lawyers who handle claims being denied are usually asked whether not their attorney fees can be recovered. The answer is usually a “Yes” but their are requirements to be met in order to recover those attorney fees. One of those requirements include giving a pre-suit notice letter in proper form.
In cases where the loss has resulted from an act of nature such as hail storms, tornadoes, hurricanes, freezes, etc. there is a further loop that must be followed involving the timing of the pre-suit notice letter.
Here is a 2023, opinion from the Eastern District of Texas, Tyler Division, that is worth reading. It is styled, Curt Adkisson v. Safeco Insurance Company Of Indiana.
Hail Damage Claim Attorney
Hail Damage Claims
Bad Faith Insurance And Claims Expert
Hail Damage And Experts
Hail Damage – Cosmetic Exclusion
Reasons To Not Delay In Seeking A Remand
As has been discussed many times on this Blog, insurance companies prefer to litigate in Federal Court rather than State or County courts. When an insurance company removes a case to Federal court the insured needs to be prompt in seeking a remand to the State or County court from which is was removed.
This is illustrated in this 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Thomas Dettmer v. Safeco Insurance Company of Indiana.
Dettmer alleges hail damage to his property. Safeco hired Madsky Managed Repair (Madsky) to inspect the property. Safeco asserts the damages do not exceed the deductible in the policy. Dettmer hired JT Roofing who asserts the damage exceeds $62,826. In an effort to reconcile the vast disparity, Safeco hired ProNet to double check Madsky’s assessment. ProNet’s engineer, Marc Camacho, inspected the property and concluded that the damage to the residence resulted from “intentional mechanical damaged performed … in an attempt to replicate storm damage.”
Hail Claims And Insurance Policies
Hail damages claims can be tough and this 2023 opinion doesn’t help. The opinion is from the Northern District of Texas, Amarillo Division. It is styled, Phouthasith Amphay v. Allstate Vehicle and Property Insurance Company.
Plaintiff alleges hail damage to his dwelling and made a claim against his insurer, Allstate. Allstate filed a motion for partial summary judgement because “Plaintiff’s alleged damage to the metal roofs is cosmetic damage and not covered by the express terms of his Homeowner’s Policy.
Summary Judgment is proper if the movant shows there is no genuine dispute of material fact. A fact is “material” if resolving it one way or another would change the outcome of the lawsuit. A genuine dispute over that fact exists if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Courts must view the evidence in the light most favorable to the non-movant and resolve factual controversies in the non-movant’s favor.