Hurricane Harvey victims along the Gulf Coast continue to fight for proper claims treatment from Texas Windstorm Insurance Association—better known as TWIA. On August 27, 2018, KPRC Channel 2 News Houston profiled the ongoing problems property owners are facing with their TWIA claims. KPRC Channel 2 News Houston interviewed me as part of its ongoing … Continue Reading
Having undertaken to write about “all things Menchaca,” this month is a review of five cases post-Menchaca which contradict one another in deciding whether the independent injury rule is dead or alive. Looking at the first set of cases post-Menchaca, it appears that the answer to that question is a long way off.… Continue Reading
May 11, 2018, is a day that shall live in infamy for insurance law plaintiff attorneys. On that day, the Fifth Circuit declared the independent injury rule as dead in Aldous, PC v. Darwin National Assurance Company,1 citing the substituted April 13, 2018, Menchaca II opinion.2… Continue Reading
TWIA (short for Texas Windstorm Insurance Association), frequently referred to as the Texas windstorm insurance carrier of last resort, just can’t seem to get this insurance claims handling thing right. A conclusion quite alarming considering that insurance claims handling is one of the primary functions of its business. At this point many are left wondering … Continue Reading
I often hear from insureds that have been negotiating with their insurance company for a period of time when the insurer suddenly demands appraisal. The insureds do not want to go to appraisal and the first question is always, “Can the insurance company do that?” followed by “This claim has been going on for months, … Continue Reading
The majority of insurance policyholders do not realize that their property insurance policy may contain an appraisal provision. Insurance companies attempt to use appraisal provisions to impose unnecessary burdens on insureds and to eliminate the insureds potential to file a lawsuit against the insurance company and its adjusters for violations of the Texas Insurance Code, … Continue Reading
On Friday, April 13, 2018, by avoiding black cats, ladders, and breaking mirrors, seven members of the Texas Supreme Court1 managed to issue a new, sixty-six page opinion in USAA Texas Lloyds Company v. Menchaca (“Menchaca II”).2 Withdrawing its April 7, 2017, opinion3 —”Menchaca I”—the court unanimously reaffirmed the five legal principles and rules announced … Continue Reading
With Harvey still in our rear-view mirror, many Houstonians and coastal Texans are fearing what the 2018 Hurricane and storm season will bring. Many policyholders are still fighting their insurance carriers to recover on their Hurricane Harvey claims. With numerous claims being denied or underpaid—several policyholders have not moved back into their homes due to … Continue Reading
Hurricane Harvey flooding affected Texas property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance. This three-part series discusses the differences in property ownership rights and two separate avenues to recovery.… Continue Reading
On April 7, 2017, the Texas Supreme Court in USAA Tex. Lloyds Co. v. Menchaca,1 answered several issues that had continually swirled around litigation arising out of Hurricane Ike policy disputes. Unresolved issues included among others: Whether an insured is required to obtain a breach of contract finding as a prerequisite to a recovery for … Continue Reading
While Texas continues to recover from the devastation of Hurricane Harvey, hail season is quickly approaching. While it is true that hail can develop any time of year, spring is traditionally when large hail events have hit Texas.… Continue Reading
In what sounds like a simple and obvious statement, an adjuster sent by the insurance company to perform an inspection and write an estimate of damages can be liable for violating the Texas Insurance Code. The Western District of Texas recently held that while an adjuster cannot be held liable as an insurer under the … Continue Reading
“TFPA’s mission is to efficiently provide essential residential property insurance products and services for eligible Texas policyholders when no one else will.” Purpose and Operation The Texas Fair Plan Association (TFPA) was created by the Texas Legislature to address growing concerns of obtaining residential property insurance coverage in underserved areas. TFPA was implemented in 2002 … Continue Reading
In theory, the appraisal process is intended to provide an efficient means of determining the cost to repair or replace damaged property. It is also intended to have a degree of finality – once the appraisal panel determines the amount of damages, the damages are typically fixed at that amount.… Continue Reading
The deadline to apply for Hurricane Harvey FEMA/SBA disaster assistance is quickly approaching. The application filing deadline for physical damage as a result of Hurricane Harvey has been extended 30 days and is now November 24, 2017. FEMA can provide up to $33,000 in assistance to qualified applicants. Those homeowners and business owners who require … Continue Reading
Rene Sigman is co-chairing an important Hurricane Harvey seminar today discussing all the Hurricane Harvey issues. Yours truly is on a panel discussing how Hurricane Harvey differs from other hurricane litigation, but there is one similarity even worse. . .TWIA is again on the warpath against its own customers.… Continue Reading
Almost every policy I read contains an appraisal clause in it. These clauses often allow one party to demand appraisal to set the amount of loss in an insurance claim. Simply put if the insured and insurer disagree on the dollar amount to fix covered damage the appraisal policy can be used to determine the … Continue Reading
With the devastating strength and power these hurricanes were bringing, the last thing on anyone’s mind was these hurricanes throwing additional blows to areas that seemed outside of their “cone.” However, those of us that went through Hurricanes Harvey and Irma (and even those watching from areas outside those directly affected) recall all the news … Continue Reading
Unauthorized practice of public adjusting issues are going to the Texas Supreme Court. Lon Smith Roofing is not giving up and filed a petition which should be read by those with interests in the property insurance claims industry. I have previously discussed this case in:… Continue Reading
Merlin Law Group attorney Rene Sigman has been asked to co-chair a Hurricane Harvey Conference sponsored by Harris Martin Publishing. It will be held on October 19 at the Four Seasons in Houston. The conference features a Who’s Who of Texas insurance and class action attorneys. It features a special panel of judges with experience … Continue Reading
One of the many resources for policyholders with Hurricane Harvey damages and those persons assisting policyholders is the “Help After Harvey” page on the Texas Department of Insurance (“TDI”) web site.1… Continue Reading
While an adjuster may have contractual obligations to the insurance company that has hired them they cannot hide behind an insurer’s policies as a defense to actionable conduct. It is no defense to suit for an adjuster to argue “but I did what the insurance company told me to do.”… Continue Reading
