After a partial denial of your property damage claim, you can challenge the decision by reviewing the denial letter, gathering your own evidence, and disputing the shortfall. A partial denial means the company agreed to pay for part of your loss but refused the rest.
Often, insurers refer to the exclusions in the policy, dispute the cause of the damage, or say that some of the loss had already occurred before the incident for which coverage was provided. It is helpful to get legal advice from a lawyer who is knowledgeable about insurance claims.
Our team at Barcus Arenas, PLLC, has been protecting the rights of business and property owners for almost two decades. Better Advice, Better Advocates. Call today to schedule a free consultation and learn more about how our insurance claims lawyers in Houston can help.
Understanding Your Partial Denial Letter
Your denial letter tells you what the insurer accepted, what it denied, and the reasons behind those decisions. By reading it carefully, you can see exactly which parts of your claim the company is challenging.
The letter must state which clauses it has relied upon in order to lower your payment. When you compare those clauses with the actual policy you have, it is usually possible to determine whether the company has applied them fairly.
Pay attention to any deadlines the letter mentions as well. Texas policies frequently set time limits for disputing a decision or requesting an appraisal. Barcus Arenas, PLLC, can help review your letter so nothing in the denial goes unchallenged.
For a free legal consultation, call (800) 941-1041
Losses Not Insured and Non-Covered Damage
Your partial denial letter may list both losses not insured and non-covered damage. Insurers may use these explanations to avoid paying what you are truly owed. While these terms seem similar, they are not the same thing. Here’s how they differ:
- Losses not insured means the type of loss falls outside the policy’s scope of coverage. For example, a policy may exclude certain causes of loss, such as flooding. If the claimed loss is not an insured risk under the policy, the insurer may deny coverage on that basis.
- Non-covered damage means there are specific types of damage that your policy does not protect against. Even if other types of damage from the same event are covered, these will not be paid for.
The team at Barcus Arenas, PLLC, reviews these denials to determine whether the insurer applied your policy correctly.
Gather Evidence to Challenge the Denial
To counter a partial denial, you need solid evidence; start by taking photos of the damage, getting repair quotes from qualified contractors, and keeping records of all your communications with the insurance company. All of these things can help to support your claim.
Independent evaluations also have considerable importance. A contractor who examines your property will be able to record the full degree of the damage and link it to the incident that is covered. This documentation directly goes against an adjuster who has downplayed the loss.
Organizing your evidence matters as much as collecting it. A clear record makes it harder for the insurer to dismiss your position. Barcus Arenas, PLLC, helps clients assemble the documentation needed to demonstrate the true value of their claim.
Click to contact our insurance claims lawyers today
What is the Appraisal Process, and When Should You Use It?
Per Texas Insurance Code Chapter 1813, most property policies include an appraisal clause. When you and your insurer disagree on value rather than coverage, appraisal offers a way to settle the difference without going to court. Each side selects an appraiser, and the two choose an umpire.
Appraisal is most useful when the disagreement is only about the repair costs. If your insurance company agrees to cover the damage but offers too low an amount for repairs, this process can help bridge the gap. It does not settle disputes over damage that is not covered.
Barcus Arenas, PLLC, can explain the appraisal process for insurance claims in Texas.
Complete a Free Case Evaluation form now
How to File a Written Reconsideration Request
A written reconsideration request asks your insurer to review its decision using additional information you provide. Filing one forces the company to respond in writing and creates a paper trail you may need later if the dispute escalates.
- Attach a copy of the original denial letter and clearly identify the portion you dispute.
- Cite the specific policy language that supports full or additional payment.
- Make sure to include contractor estimates, photographs, or an engineer’s report that show the real cost and the cause of the damage.
- State the amount you are requesting and the deadline for a response.
Attach the evidence that supports your position rather than describing it in general terms. Send the request by a method that confirms delivery. Our team at Barcus Arenas, PLLC, can help you with the process.
Get Help After a Partial Denial of Your Claim
You don’t have to accept a partial denial of a property damage claim. You can collect evidence, get your own assessments, and challenge the insurer’s assertions through a written reconsideration request or the appraisal process.
If the insurer still isn’t treating you fairly after you make your case, you may be able to pursue legal action. Our attorneys can review your denial and advise you if you have grounds for a lawsuit. We will stand by you through the process.
Barcus Arenas, PLLC, has extensive experience in protecting the rights of policyholders. You deserve the benefits you paid for. Call today for a free consultation and tell us what happened.
Call or text (800) 941-1041 or complete a Free Case Evaluation form
