Looking for attorney that specializes in insurance claims

[Jason Haynes]

We recently experienced a catastrophic flood at our 6-plex in Dallas, TX. We're looking for an attorney to navigate the claim process and be sure we're covered. 

Why?

We had another flood at the property about 6 months ago (unrelated). The adjusted took a week to come out, agreed there was damage and instructed us (in writing) to proceed with the repairs. We did what we needed to in order to minimize damage and get everything opened up and dried out, and then waited on full repair until we heard back from the underwriter. They took over 3 months to respond; and the response was that none of this would be covered - they denied the claim all together.

There was about $30k worth of damage, and with other projects going on we decided to cover the cost and move on (out of pocked). We figured at the time this would be cheaper and less time spent than fighting with the insurance. 

With this new flood, we want to be sure we're doing everything by the book to be absolutely sure we're covered. We also are hoping that we can get at least some of the last claim covered to offset the cost.

If anyone knows an attorney that specializes in insurance claims (especially commercial real estate), please let me know. Also, if anyone has dealt with battling the insurance companies for denied claims, any insight would be greatly appreciated. 

[Joe Splitrock]

Originally posted by @Jason Haynes:

We recently experienced a catastrophic flood at our 6-plex in Dallas, TX. We're looking for an attorney to navigate the claim process and be sure we're covered. 

Why?

We had another flood at the property about 6 months ago (unrelated). The adjusted took a week to come out, agreed there was damage and instructed us (in writing) to proceed with the repairs. We did what we needed to in order to minimize damage and get everything opened up and dried out, and then waited on full repair until we heard back from the underwriter. They took over 3 months to respond; and the response was that none of this would be covered - they denied the claim all together.

There was about $30k worth of damage, and with other projects going on we decided to cover the cost and move on (out of pocked). We figured at the time this would be cheaper and less time spent than fighting with the insurance. 

With this new flood, we want to be sure we're doing everything by the book to be absolutely sure we're covered. We also are hoping that we can get at least some of the last claim covered to offset the cost.

If anyone knows an attorney that specializes in insurance claims (especially commercial real estate), please let me know. Also, if anyone has dealt with battling the insurance companies for denied claims, any insight would be greatly appreciated. 

 

It sounds like you have a bad insurance company. That delay is unacceptable and outside industry standard.

I would start calling local law firms and see if they specialize in this. If not, have them refer you. 

The source of the flooding can determine whether a claim is approved or not. For example if a sump pump goes out due to loss of power, an insurance company will deny. If a sump pump goes out due to hardware failure, they may honor the claim. If water comes in a window, they may deny, but if water comes up a drain, they may approve. It all depends on what your policy covers. I am not saying to lie, but make sure your claim is presented properly.

Why did they deny the first claim and what is the cause of the second claim?

Be aware, you could end up with your policy cancelled as a result of a second claim. Even if they denied the first one. Claims records are tied to the property, so it could prove difficult to get insurance on the property. Discuss this with an attorney. If the claim is not within your policy, don't file it.