Residential Property Claims

While policies and coverage vary, most homeowners’ insurance plans likely cover the following damage if caused by water or freezing damage, mold, wind and hail, fire and smoke, and burglary/theft/vandalism:

• Damage to the home, roof, garage, and any outer buildings
• Loss of personal property/belongings
• Living expenses if your home is uninhabitable due to the loss

Most home insurance policies won’t cover earthquake or flood damage – those will have to be purchased separately; and, flood coverage in Houston is usually a must as it is a flood-prone and hurricane-prone area. As such, we often have to expect and anticipate that damage may strike; and, when it does, our lawyers will fight to get you paid.

When an insurance company denies a claim in bad faith, it can be held liable for additional damages outside of the limits of the insured’s policy. Under the Texas Insurance Code, insurance companies are generally required to acknowledge, evaluate, and pay or deny claims in a “timely and prompt manner.” Once a claim has been filed, the insurance company must:

• Acknowledge and begin investigating the claim within 15 days
• Notify the claimant whether the claim has been accepted or denied within 15 business days (although an insurer may request additional time, usually up to 45 days)
• Pay an accepted claim within 60 days of receiving any requested materials
• Pay an accepted claim no later than five business days after a policyholder is notified of an approved payment or after the claimant performs any required action upon which payment is conditional

Common reasons insurance companies give for disputing residential property claims – including those for a house, condominium, townhouse, or other residential structure – include an exemption from coverage, a disagreement as to the cause or the amount of damages, and accusations your home failed to meet certain applicable codes.

If your residential property was damaged, it’s important to take the necessary steps prior to filing a claim. Collect documentation regarding the nature of the incident, the type of damage sustained, and the repair and/or replacement costs. Some helpful methods of capturing this information include shooting video of the property damage, taking photos of the property damage, creating an itemized list of property items you are claiming as damaged, gathering proof of ownership or rental of the property in question, and obtaining witness statements that can help bolster your claim.

If you’ve filed a residential property claim with your insurance company, but are struggling with the process, you may want to hire an attorney. This is especially true if the carrier is disputing your claim. If your insurance company is dragging its feet or has denied your claim, a policyholder rights lawyer can help you hold your insurer to the terms of your policy. A disaster striking your home can be traumatic and dealing with property damage claims only adds more stress. If you are fighting with your insurance carrier to get a valid residential property claim paid, you should contact an experienced insurance lawyer for help.