Hurricanes are among the most devastating and unpredictable natural disasters facing policyholders in the Houston area. Strong winds, heavy rainfall, storm surges, and water all have the potential to cause significant damage to your business or commercial establishment.
Hurricane loss refers to the extensive and often catastrophic losses resulting from a hurricane. If a hurricane impacted your business or commercial property and an insurance company denied your claim, our hurricane damage lawyers in Houston can help.
At Barcus Arenas, PLLC, our Houston complex and commercial insurance claim attorneys have over two decades of combined experience fighting for the rights of business owners affected by storm damage. Contact us today for a free consultation and tell us how we can help.
How Our Houston Hurricane Damage Attorneys Can Assist
When a hurricane damages your business or commercial property, you suddenly have a long list of actions you need to take. It can be overwhelming, and it is smart to hire a local attorney who has been through it all before.
Our Houston hurricane damage attorneys are familiar with insurance policies, state and local laws, regulations, and codes. We can visit your property, meet with you in person, and coordinate with local professionals such as contractors or experts. If we need to take your case to court, we have experience with local judges and procedures.
Sometimes, insurance companies don’t appear to be on your side. We understand how insurance companies operate and are familiar with the common tactics they use to delay, underpay, or deny valid hurricane damage claims.
For a free legal consultation with a hurricane damage lawyer serving Houston, call 1-800-941-1041
Bad Faith Actions by Insurance Companies
Dealing with insurance companies can be frustrating. They are businesses with bottom lines to manage, and sometimes that means they make choices and decisions that are more in their best interest than yours.
Bad faith actions by insurance companies occur when they fail to act honestly and fairly. Examples of bad faith actions against business owners impacted by hurricanes include:
- Denial of coverage without justification
- Delaying payment
- Attempting to intimidate policyholders
- Failing to investigate a legitimate claim
- Intentionally underpaying a claim
- Retaining an engineer to deny the claim
- Misrepresenting policy terms or coverage
- Accusing policyholders of fraud or illegal activity
- Withholding important information from the policyholder
If you have experienced these or any other insurance company tactics you believe could qualify as bad faith actions, it is important to speak with a Houston hurricane damage lawyer immediately.
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Types of Hurricane Damages
Hurricanes are powerful natural forces that can wreak tremendous damage on your commercial property. Some of the most significant property damage our Houston hurricane lawyers see is caused by the following:
- Wind Damage: Hurricane-force winds can destroy roofs, break windows and doors, down trees, and cause damage to siding, gutters, and exterior walls. Extreme winds can even cause structural damage.
- Storm Surge: A storm surge is a rapid rise in sea level caused by hurricane winds pushing water toward the shore. In the Houston area, this can lead to severe flooding of buildings, erosion of foundations, and destroyed electrical systems.
- Rain Intrusion: Even if flooding does not occur, hurricane-force winds are so powerful that they may drive rain into buildings through susceptible areas such as roofs, windows, doors, or gaps in siding.
- Mold and Mildew: Water damage and leaking brought on by hurricane rains and winds can eventually lead to mold growth. Mold can damage structures and cause health problems.
- Business Interruption: Most policies provide coverage for lost income and operating expenses when a covered event (like a storm or fire) forces a temporary shutdown of their business. It typically covers net income, fixed costs, and sometimes extra expenses incurred to minimize the loss.
When recovering after a hurricane, commercial property owners must get the support they need from their insurance companies. Our Hurricane damage attorneys in Houston will work to make sure that happens.
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What Does a Hurricane Damage Lawyer Cost?
Our hurricane claims lawyers bill our services based on a contingency fee agreement. That means we take our costs and fees out of your final award or settlement. We won’t bill you upfront, and you pay nothing if we don’t win. We believe this type of agreement is effective for a few reasons.
First, it makes our services available to almost anyone. When you have a hurricane damage claim, you’ll be going up against insurance companies and their lawyers. It is only fair that you have your legal team, too, no matter your current financial situation.
Because we don’t get paid until you get results, you can rest assured that you have a dedicated partner with your best interests in mind. We’re in this together, and our Houston hurricane damage lawyers have a vested interest in your success and fair compensation.
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How to Prepare Your Business for a Hurricane
Dealing with storm damage insurance claims can be complicated, as they may involve multiple insurance policies, such as standard homeowners’ insurance and flood insurance, with each insurance company attempting to shift the responsibility to the other.
If you live in an area susceptible to hurricane damage, you should prepare accordingly.
Know Your Policy
You should set up a consultation with your insurance agent or an attorney to discuss your insurance policy and the type of coverage you need and can afford. Different policy premiums come with different risks, and you need to understand the pros/cons of your decisions.
Policyholders should thoroughly review their insurance policies to gain a clear understanding of both the events or circumstances covered by the policy and the specific properties protected by it. If you need help understanding your coverage, consult with a Houston hurricane attorney.
For example, a standard “all-risk” policy covers losses by hurricane winds but does not cover losses caused by flood waters that come with hurricane winds and rain. A separate flood policy is almost always necessary to insure against the risk of catastrophic flooding.
Types of Coverage and Limits
It is also critical to understand what type of coverage was purchased. Insurance companies offer both replacement cost and actual cost policies.
- Actual Cost Value means the insurance company only owes you the amount of money needed to repair your property, minus the depreciated value due to age or use.
- With Replacement Cost Coverage, the insurance company may first pay you the actual cash value. Once the item is repaired/replaced and receipt(s) submitted, the company will reimburse you the extra money you paid to replace/repair the item.
- Cosmetic Damage Exclusion: Some policies have a cosmetic damage exclusion that denies coverage for superficial damage that does not impair the functionality of the property, such as dents or scratches. These exclusions are commonly applied to roofs, siding, or HVAC equipment following hail or wind events. Insurers argue the damage is aesthetic only, though policyholders may dispute this if the cosmetic issue affects value or leads to further deterioration.
You should also know your policy limits (to make sure you are adequately insured) and if you have alternative coverages for alternative living expenses or business interruption. These coverages are also subject to a policy limit (and likely a time limit).
Document Your Property
Most policyholders wait until it is too late to properly document their property. Walk around the property and take photos to document its condition at least once a year, especially in the days leading up to a potential hurricane in the area.
One of an insurance company’s most-used arguments is that the damage already existed prior to the storm. Even if you’ve had the same insurance company for years, they are only liable for damage that occurred during the policy period for which you filed a claim.
Therefore, it is important to have as much evidence of the pre-existing condition of the property as possible. Thoroughly document the condition of the roof, windows, walls, ceilings, etc., to the best of your ability.
Protect Your Business and Property
The days leading up to a potential hurricane can be filled with uncertainty, worry, and stress. However, some things remain in your control. In addition to documenting your property, it is best to decide on a game plan to brace for the storm and how to best protect your business.
The Texas General Land Office has compiled a helpful list of things to do when preparing for disaster. Specifics for hurricane preparedness include:
- Protect important documents.
- Build a disaster evacuation kit.
- Flood-proof your business.
- Purchase flood insurance.
Assessing Your Damages After the Hurricane
As soon as it is safe to do so, you should assess the damage to your property for your storm damage insurance claim. Photograph debris, broken windows, water intrusion, downed trees, and other damage to the structure of your property.
Take reasonable steps to secure your property and mitigate against further damage. However, do not start repairs without notifying your insurance company.
If possible, begin creating lists of any damaged contents, including a description of the item, approximate value, name of manufacturer, brand name, age, and the date and place of acquisition, if known.
Submitting Your Hurricane Damage Claim
If you believe your business or property has suffered damage, you should submit a hurricane damage claim to your insurance company immediately. Depending on your carrier, you can either submit property damage claims through their website or through your insurance agent.
Be sure to keep the names and contact information for each representative or adjuster you speak with and take notes of your conversations. When large catastrophes occur, insurers may hire independent contractors to adjust claims.
It is important to remember that the insurance adjuster works for the insurance company and not for you. Any adjuster, including an independent contractor, may feel motivated to adjust claims quickly and with the insurance company’s financial interests in mind.
Disputes With Insurance Adjusters
If you believe your claim is not being investigated properly, you have the right to ask for a new adjuster to be assigned. You also have the right to retain personal representation, such as an attorney or public adjuster, to handle your claim on your behalf. You should make this request in writing.
Make a note of any time you feel like you are being treated unfairly or unreasonably, or as though the insurance company is unjustly undervaluing or denying your claim. When that happens, you should seek advice from an attorney with experience handling hurricane insurance claims.
Barcus Arenas, PLLC, has significant experience handling hurricane-related insurance disputes. Michael Barcus and Aaron Arenas were born and raised in Houston, Texas, and know firsthand what destruction and devastation a hurricane can cause a community and its property owners.
What Does a Hurricane Insurance Policy Typically Cover?
It is important to understand the distinction between damage caused by hurricane-force winds and damage caused by flooding. Most insurance policies cover damage to your property resulting from wind or wind-borne debris.
However, flood insurance is almost always a separate insurance policy that is administered through the federal government. Your typical insurance policy for your business will not provide any coverage for damage caused by flooding.
How Do I File an Insurance Claim After a Hurricane?
Document the damage by taking photos and making an inventory of your affected belongings. Contact your insurance company to report the damage and file your claims. Get in touch with our Houston hurricane damage lawyers so we can assist you in navigating this process and ensure that your claim is properly filed and documented.
Can My Insurance Company Deny My Hurricane Claim?
Yes, insurance companies may deny claims for various reasons, such as policy exclusions or insufficient evidence of damage. If you believe your claim was wrongfully denied, talk to our lawyers for hurricane legal assistance.
Get Help from a Houston Hurricane Damage Lawyer
A hurricane has the power to severely damage the business you’ve worked so hard to build. In the course of a few hours, your property can experience many thousands of dollars in damage. Your situation may feel hopeless, especially when your insurance company isn’t helping.
Our hurricane damage attorneys in Houston are well-versed in negotiating with insurance companies on your behalf. We’ll gather evidence to support your claim and take legal action to ensure you receive the compensation you’re entitled to.
Reach out to Barcus Arenas, PLLC, today. Our experienced team offers better advice and better advocates, and we’re ready to help you move forward after a hurricane.
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