Texas Insurance Claim Lawyer
Insurance claim disputes in Texas present a significant challenge for residents and businesses. The complexities of insurance policies—coupled with the often aggressive tactics of insurance companies to minimize payouts—leave policyholders struggling to secure the compensation they deserve. Many find their claims undervalued or outright denied, forcing them into financial constraints that delay necessary repairs and recovery.
At Larry Moskowitz, PA, our attorneys have a deep knowledge of Texas insurance law. Contact our seasoned team today for dedicated Texas insurance legal help and expert legal representation services.
Texas Insurance Law for Property Damage Claims
Our proven and capable Texas insurance dispute lawyers will use every rule in the book about Texas insurance law to your advantage, fighting from a position of legal strength to make the insurance company pay what you are rightfully owed.
Texas Insurance Code
The Texas Insurance Code is the primary body of law governing insurance practices in the state.
- Prompt Payment of Claims: Under the Texas Prompt Payment of Claims Act (Chapter 542 of the Texas Insurance Code), insurers must acknowledge receipt of a claim, investigate, and either accept or deny it within specific timeframes. Failure to comply with these deadlines can result in penalties for the insurance company.
- Fair Claims Settlement: Chapter 541 of the Texas Insurance Code prohibits unfair or deceptive acts in the business of insurance. This includes misrepresenting policy terms, failing to promptly provide a reasonable explanation for claim denial, and refusing to pay claims without conducting a reasonable investigation.
Texas Administrative Code
The Texas Administrative Code (TAC), particularly Title 28, contains regulations issued by the Texas Department of Insurance (TDI).
- Claims Handling Procedures: The TAC outlines specific procedures that insurers must follow when handling claims, ensuring that policyholders receive timely and fair treatment.
- Consumer Protections: The TAC includes provisions that require insurers to provide clear and understandable policy information to consumers, helping them make informed decisions.
The Homeowners Bill of Rights
This bill from the Texas Department of Insurance includes the homeowners’ insurance policyholder’s right to:
- Receive Policy Information: Policyholders have the right to receive a complete copy of their policy and any endorsements.
- Fair Treatment: Policyholders are entitled to fair and prompt handling of their claims.
- Dispute Resolution: Policyholders have the right to a prompt and fair resolution of disputes with their insurance company.
The Texas Windstorm Insurance Association (TWIA)
For residents in high-risk coastal areas, the Texas Windstorm Insurance Association (TWIA) provides windstorm and hail coverage when it isn’t available through private insurers. Policyholders in Texas have several avenues for recourse if they believe their rights have been violated:
- Complaints to the Texas Department of Insurance: Policyholders can file complaints with the TDI if they believe an insurer has violated their rights. The TDI investigates complaints and can take regulatory action against insurers.
- Legal Action: Policyholders can pursue legal action against insurers for breach of contract, bad faith, and violations of the DTPA or other applicable laws. Texas law allows for the recovery of actual damages, court costs, attorney’s fees, and, in some cases, additional damages for knowing or intentional misconduct by the insurer.
Common Types of Insurance Claims We Handle
Homeowners’ Insurance Claims
If your home sustains damage, dealing with insurance companies can be challenging. Home insurance claim assistance from our team ensures you receive the compensation you deserve for repairs and replacements. Our deep understanding of policy provisions and claim procedures helps us effectively negotiate and, if necessary, litigate on your behalf.
Residential Property Damage Claims
From natural disasters to accidental damages, residential property damage claims encompass a broad range of incidents. Our team will thoroughly document the damage, gather supporting evidence, and fight to ensure that your claim is honored by the insurance company.
Commercial Property Damage Claims
Damage to commercial properties can severely disrupt business operations. We have extensive experience in handling commercial property damage claims, helping business owners secure compensation for structural repairs, inventory loss, and business interruptions.
Hurricane Damage Claims
Hurricanes can cause extensive damage, and completing the complex claims process requires skill. Our team will assist in documenting hurricane-related damages, negotiating with insurers, and advocating for maximum compensation to restore your property to its pre-storm condition.
Water Damage Claims
Water damage—whether from natural causes or plumbing failures—can lead to significant property issues. Our team understands the urgency of these claims and works quickly to document damage, assess repair costs, and ensure that insurers provide appropriate compensation for all affected areas.
Hail Damage Claims
Hailstorms can cause hidden damage to roofs, windows, and other property features. We will ensure a thorough inspection and accurate damage assessment, holding insurance companies accountable for the full extent of the repair or replacement costs. When needed, we are prepared to pursue a bad faith lawsuit against the insurer.
Fire and Smoke Damage Claims
Fires not only cause visible damage but also lead to hidden smoke and water damage. Our Texas insurance attorneys will ensure a detailed assessment of all damage types, including structural, smoke, and water, to fight for compensation that covers all aspects of your recovery.
Vehicle Damage Claims
Larry Moskowitz, PA, offers expert legal services for all types of vehicle damage insurance claims, including those resulting from accidents, storms, and vandalism. Our lawyers also provide auto insurance claim guidance to help you fight against the bad faith tactics of Texas insurance companies.
Vandalism Claims
Acts of vandalism can leave property owners with significant repair costs. We will work to document the damage, present a strong case to your insurer, and fight for fair compensation and full insurance benefits to restore your property. If the insurer acts in bad faith, our attorneys are ready to pursue a bad-faith lawsuit on your behalf.
Option to Repair Disputes
Your insurance policy may include an option to repair clause, leading to disputes over repair quality and costs. We will advocate on your behalf, ensuring that repairs meet high standards and that your rights as a policyholder are protected. Where necessary, we are ready to pursue a bad-faith insurance lawsuit to protect your valid claim.
Business Interruption Claims
Business interruptions can have devastating financial impacts. We will help document lost income, extra expenses, and the impact on your business operations, ensuring that your insurer provides adequate compensation to cover these losses.
HOA Claims
Homeowners’ Association (HOA) claims can involve complex issues, including common area damage and disputes over coverage responsibilities. Our team can represent your interests, ensuring that the HOA or the insurer fulfills their obligations and provides the necessary compensation for repairs and maintenance.
Bad Faith Insurance Lawsuits
If your insurer engages in bad faith insurance practices, such as unjustly denying your claim or delaying payment, Our bad faith insurance attorneys will hold them accountable. We have the skill and experience to recover not only your due compensation but also additional damages for the insurer’s misconduct in a bad-faith insurance lawsuit.
Get Strong Legal Representation from Our Experienced Texas Insurance Claim Lawyer
If you are facing an insurance dispute in Texas, the dedicated insurance claim litigation team at Larry Moskowitz, PA is ready to fight for your rights. In case of a bad faith claim, we are prepared to pursue lawsuits in court. With our “No Recovery, No Fees, No Costs” commitment, you owe us nothing unless we obtain a financial recovery for you. To schedule your free consultation, call us at (844) 849-0760 or contact us online.