Has your insurance company denied (or partially denied) your home or commercial property insurance claims? If so, do you know if the carrier had a reasonable basis for issuing the denial?
If the insurance company bases its denial of your property claim on its retained experts’ opinions, is the expert routinely hired by this same insurance company (and other insurance companies) to furnish the big insurers with a supposed “good faith” basis to deny their policyholders’ claims? If so, these experts’ opinions may need to be tested and challenged.
At Smith Kendall, PLLC, we’ve represented many commercial property owners with significant roof damage claims who come to us with claims that have been denied by the carrier, which expressly disregards the applicable insurance policy’s terms of coverage. For example, the adjuster may have made written statements to the insured or the insurance company engineer may have stated in its report that the claimed damage by the insured does not affect the functionality of the roof. While this question is oftentimes in dispute involving insurance policies with a “Functional Damage” endorsement, many other insurance policies don’t require functional damage to obtain coverage, but only cosmetic damage, such as dents from hail.
The above are just two scenarios of coverage denials that may give rise to a bad faith claim against your insurance company. If you believe you have been treated unfairly by your insurance company on your home or commercial property insurance claim, please contact the Dallas bad faith insurance lawyers of Smith Kendall, PLLC, at (214) 361-6124 to discuss your case.