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Original Article Written By Jim Sams of Claims Journal

Texas policyholders don’t have to prove that their insurer acted in bad faith in order to collect 18% interest on late claim payments.

A Houston plaintiff’s attorney defeated State Farm Lloyd’s for the fourth time on the same issue, this time coming away with a federal appellate court ruling that policyholders don’t have to prove that their insurer acted in bad faith in order to collect 18% interest on late claim payments.

The Texas Supreme Court ruled essentially the same way last year in another lawsuit, but Wednesday’s decision by the 5

th Circuit Court of Appeals “puts a fine point” on the precedent, clarifying that interest is owed starting from the date a final ruling is issued, said attorney Joshua P. Davis.

Davis said the lawsuit he filed on behalf of San Antonio homeowners Jesus and Margaret Agredano marked the fourth time he has taken State Farm to court seeking penalties under the Texas Prompt Payment of Claims Act, or TPPCA.

Many Signing Texas Insurance Documents

“We did fairly well for ourselves and hopefully they will finally get the picture,” Davis said Thursday.

The Agredanos filed a claim with State Farm seeking repairs to the roof of their ranch-style home in

northeast San Antonio, which had been damaged by hail on Aug. 11, 2014. State Farm gauged the

damage at $615.17, well below the amount of the deductible on the policy.

The Agredanos hired a public adjuster who estimated the damage would cost $45,270.33 to repair. The also hired Davis, who wrote a demand letter seeking $83,084.51. In addition to the cost of the repairs, Davis threw in $5,000 for mental anguish, court costs, attorney fees and 18% interest for State Farm’s alleged late payment of a valid claim. When State Farm refused to pay, the Agredanos filed a lawsuit, which was removed to the U.S. District Court for Western Texas in San Antonio.

At trial, Davis said he submitted a “more reasonable” damage estimate of $13,661. He acknowledged that public adjuster estimates can be “expansive.” The jury awarded Agredanos that amount after a trial.

Click here to read the full article.

Tuesday Night’s Storm Caused 1 Tornado & Tennis Ball Sized Hail

Storms raged through eastern Colorado late Tuesday night causing high winds, large hail, and even a tornado in Lincoln County.

The storm has passed, now what?

The first thing you need to do is to check your property for any potential hail and wind damage. This could include; damage to trees, landscaping, broken windows

hail damage insurance claims

Photo Credit: Matt Minnillo

or siding, dents in gutters, downspouts and air conditioning units as well as missing shingles and any indentations in roof materials. While you’re checking out your property, it’s essential that you take pictures of all damages.

During this time, it’s also important to contact your insurer or insurance agent and put them on notice that you intend to file an insurance claim.

Did your property suffer damage from Tuesday’s storm? Act fast and CONTACT US now for a Complimentary Hail Report!

To see the full list of the severe weather reports, click HERE.

Originally Published With REjournals | BRANDI SMITH | JUNE 2, 2020

Nearly every business has incurred some kind of economic loss associated with the COVID-19 pandemic, which in some cases has proven to be as detrimental as damage caused by severe weather or a natural disaster.

“The ensuing result has been an extremely large economic loss to policyholders who have, in turn, looked to their insurance companies and said, ‘Hey, this should be covered, right?’” said Scott Friedson, CEO of Insurance Claim Recovery Support.

This is Friedson’s forte. As a public insurance adjuster, he’s authorized and licensed to negotiate insurance claims on behalf of policyholders, including business interruption loss claims.

“There have been a lot of disputes and interpretations going on as it surrounds this completely uncharted territory that we’ve entered into around COVID-19 insurance claims,” he said, kicking off REDnews’ May 14 webinar Navigating Current Business Insurance Claim Loss Strategies.

Read the full article HERE. 

 

Georgetown Residents Now’s The Time to Submit Your Hail Damage Claim!

Early Thursday morning the residents of Georgetown woke up and began to assess the damage from what will likely be one of the most costly hail storms in Georgetown’s history.

Hail from egg-sized to the size of tennis balls pummeled the city, especially the NW portions close to Serenada and Sun City. It was even confirmed by The National Weather Service that baseball-sized hail was produced by the storm. That’s hail that reaches 2.75 inches in diameter.

Photo Courtesy of Madelyn Young Ereckson

The baseball-sized hail was produced by an 81 mph updraft wind, and fell into roofs and cars at estimated speeds of 50-60 miles per hour. To produce updraft winds inside of a thunderstorm that strong, you need tremendous instability in the atmosphere, and strong wind shear to keep the updraft and the downdraft in the thunderstorm separate and self-sustaining.

For more information, visit THIS ARTICLE, written by Nexstar Media Wire of FOX4

We’re happy to help Amistad Bank after the April 11th hail storms. These kinds of storms can cause massive damages to businesses.

A severe thunderstorm with strong wind gusts and softball size hail hammered Del Rio, TX the night of April 11th, causing extensive damage to vehicles, roofs, and windows.

Neighbors throughout the city reported large hailstones, ranging from quarter size to golf ball and even softball size in their properties.

A severe thunderstorm warning issued by the National Weather Service alerted residents of Kinney County, Val Verde County and South Central Texas area of the storm, encouraging everyone to seek shelter immediately.

At 8:30 p.m the storm was located 12 miles east of Del Rio, moving east at 25 mph.

The storm carried a potential of 60-mile an hour wind gusts, the National Weather Service warning said.

After a hailstorm like this, it’s important to take steps to file a successful insurance claim:

  • Check your property for any potential hail and wind damage.
    • Damage to trees, landscaping, and vehicle dents for collateral damage.
    • Broken windows or siding.
    • Dents in gutters, downspouts, and air conditioning units.
    • Missing shingles, indentations in roof materials.
  • Take pictures of all damages.
  • Contact your insurer or insurance agent and put them on notice you intend to file a hail insurance claim.
  • YOU MUST MITIGATE DAMAGES as soon as reasonably possible.
  • Keep records of mitigation and clean up expenses.
  • Contact ICRS for a complimentary hail report that provides hailstone size at your location, policy review, and building inspection.

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Topics Include:
• Should you file a business interruption insurance claim now?
• What options do Policyholders have to get claims settled?
• How to make a strong argument for business interruption coverage.
• How does a virus exclusion endorsement potentially affect civil authority coverage for business income losses?
• Review of Physical loss or damage policy language.
• Leading question “gotchas” from your insurance company
• Definition & importance of “civil orders”
• Elements of a business loss claim

Shannon Loyd
Attorney
The Loyd Law Firm, P.L.L.C
Scott Friedson
Public Insurance Adjuster
Insurance Claim Recovery
Support
Bruce Smith, CPA/CFF, CFE
BDS
Forensic Accounting


Sponsorships or Future Webinar Ideas:


Contact:
Ginger Wheless
713.661.6350
ginger@rednews.com

Registration or Technical Questions?
Contact:
Alan Davis
alan.davis@rejournals.com

Don’t let your insurer underpay or delay your
Insurance Claim Settlement


Business owners trust the licensed public adjusting firm Insurance Claim Recovery Support, LLC (ICRS).

We are one of the country’s oldest and leading Commercial and Multifamily insurance claim specialists with over $100M in claims settled fairly and promptly.

We exclusively represent the interests of and advocate on behalf of policyholders and we’re not attorneys or contractors.

Policies typically require you to file your insurance claim promptly.

The settlement process can be taxing.

Interpretation of policy language, settlement negotiations and meeting the burden of proving what you are rightfully owed can frustrate you to a point where you may even think about using your insurance company.

Almost everyone we’ve ever helped felt the same frustration you do and very often we help policyholders successfully avoid unnecessary litigation.

If you are dealing with a large commercial or multifamily property damage insurance claim, I urge you to consider the possibility of protecting your interests, being proactive and do not wait or waste your valuable time dealing with an insurance claim that you anticipate may be delayed or underpaid.

100% of the claims we represent have resulted in faster and/or higher settlements than the insurer’s original offer and we work on contingency, no recovery no fee.

Everybody deserves a fair settlement, but the expertise required to successfully navigate the claim process is best left to experts who know how to win the repair vs. replace disputes associated with hail insurance claims.

Insurance companies are for-profit businesses. Minimizing your claim increases their profits. Why allow your carrier’s hired adjuster to document and settle your claim when they don’t represent your interests?

Whatever stage your insurance claim is in, we solve insurance claim problems. I look forward to answering any insurance claim questions you may have.


WE EXCLUSIVELY REPRESENT THE INSURED

Has Coronavirus interrupted your business, income, and revenue?


Most policies exclude viruses but many business interruption policies trigger coverage for business loss due to a pandemic event or civil authority. If your City or State has issued an order to shut down your business we can assist you in determining if your policy language can arguably trigger coverage and assist you in filing your claim.  Insurance Claim Recovery Support is offering a free consultation by way of a free review of your policy to advise whether your business may have coverage for loss of income.  Simply fill out the form below, we will contact you within 3 business hours and you will receive a link to schedule 30-minute complimentary consultation.

Skilled, trusted public insurance adjusters can advocate for their business owner/operator clients with both claim adjusters and examiners — and how they negotiate with each will change significantly in this market.

Business Interruption Loss Claim Review

Has Coronavirus interrupted your business, income, and revenue? Civil Authority for the shut down of restaurants and businesses may trigger coverage.

Sunday’s tornadoes in DFW have resulted in an estimated $2B in losses making the event the costliest in North Texas history.

Wind claims are prone to repair vs replace disputes. The best time to have Insurance Claim Recovery Support LLC public adjusting firm represent your interests is now before a problem arises. We have assisted owners and operators to settle over $100M in Commercial and Multifamily property damage insurance claims fairly and promptly and represent some of the largest real estate organizations in Texas.

Robert Wilonsky is a reporter with The Dallas Morning News and a local where the tornado it the hardest. The morning after the store he and several city members drove throughout the zones to assess the damages.

Damage caused by the tornado affected both homes and business in NW Dallas, TX.

Photo Credit: Smiley N. Pool – Dallas Morning News Photographer

“We reached Thomas Jefferson High School — my high school. A Dallas ISD police officer wouldn’t let us near, but students were on the track, taking pictures of the back of the school, which looked like a Lego model that had been stepped on by a careless parent. One of the giant yellow goalposts had been twisted, like spaghetti on a fork. The president of our alumni association later sent word that the school would be closed indefinitely while district officials assessed the damage. Kids will be sent to Edison in West Dallas for the time being.”

To read the full article, click HERE.

Did your business experience damage from the tornado?

Nows the time to reach out to our Public Adjusters here at Insurance Claim Recovery Support! Business owners (like you) dealing with tornado damage insurance claims can trust ICRS to settle your claim fairly and promptly.

Start your Free Claim Evaluation or Call Us today!