Commercial Wind Damage Insurance Claim Lawyers
Natural disasters, flash flooding, hurricanes, tornadoes, and high winds are an unfortunate fact of life for many residents and businesses across Texas. As a result, many across the Lone Star State have taken it upon themselves to protect their homes and commercial properties by signing up for Insurance policies that safeguard their interests and can help pay for replacements and repairs.
Unfortunately, many individuals find the insurance claims process overly complicated, and many insurance adjusters undervalue or dismiss claims entirely. This can lead commercial property owners and other policyholders to dismay, believing that they must contend with repair estimates, lost income, business disruptions, and other expenses without adequate help from their insurance company providers.
If you own a business property that has suffered extensive property damage due to strong winds, you must retain professional legal representation from experienced attorneys capable of handling the insurance companies who would deny you your claim. Whether you have yet to file a claim or you have recently gotten a denial, our law firm is uniquely qualified to lend legal assistance to you as you pursue a fair settlement for your case. To learn more about our legal services, please contact our San Antonio law firm to schedule your free initial consultation today.
What is Considered ‘Wind Damage?’
Winds can cause damage at speeds as low as 30 mph. However, the threat of potential damage to structure or property increases exponentially when winds reach speeds greater than 58 mph. Winds more than 58 mph often result in high wind warnings or advisories.
Wind damage often stems from storms like tornadoes and tropical storms. However, some extreme wind gusts can occur seemingly at random, with no other severe weather events associated with them.
Wind damage is any property damage or structural damage caused by high winds, such as broken windows, fallen trees, flying debris, and more.
If your commercial property has suffered damage caused by strong winds, contact our law office to discuss your insurance policy and determine whether you have the right to recover compensation from your insurance company. Our San Antonio, TX, law firm offers free consultations to prospective new clients.
What Are Common Types of Wind and Hail Damage from Texas Storms?
Tornadoes, hurricanes, tropical storms, and other extreme weather events are common causes of wind damage.
Common types of wind damage that are typically covered by many insurance policies include the following:
- Business interruption and disruption
- Damage caused by thrown debris
- Damage to personal property
- Exterior and siding damage
- Fallen trees
- Roof damage
- Structural damage
- And additional living expenses, such as temporary housing
You must, however, be aware of coverage limits, deductibles, and insurance policy terms. Some insurance policies may have explicit exclusions or limitations related to wind damage. If you have questions or concerns, please contact our law office to schedule your free case evaluation today.
Do Commercial Property Insurance Policies Cover Wind Damage?
In many areas across Texas, commercial property insurance policies cover wind and hail damage caused by extreme weather events such as tornadoes, hurricanes, straight-line winds, tropical storms, and war periods; however, there are certain areas within the state that are not automatically covered by many insurance policies. If your commercial property is in one of the areas where windstorm damage and hail damage are excluded from general policies, you must take extra steps.
Exclusions for wind and hail damage only typically affect commercial properties in the following Texas counties:
- Aransas
- Brazoria
- Calhoun
- Cameron
- Chambers
- Galveston
- Jefferson
- Kenedy
- Kleberg
- Matagorda
- Nueces
- Refugio
- San Patricio
- Willacy
- And certain parts of Harris County
Businesses in the excluded areas have the option to purchase additional windstorm coverage through the Texas Windstorm Insurance Association (TWIA).
Do You Need a Separate Policy for Wind Damage Coverage?
Whether you require additional separate policies to protect your business property from wind or hail damage may depend on your insurance policy and insurer. It may also depend on where your business resides.
Before entering hurricane or tornado season, it is advisable that you familiarize yourself with your policy coverage, deductibles, and limitations. This is especially advisable if you live anywhere along the Gulf Coast.
Who Qualifies for Texas Windstorm Insurance Association Coverage?
TWIA is a state-formed program meant to ensure areas that other insurance companies refuse to cover. Managed similarly to private insurers, TWIA operates independently but has generated many complaints over the years due to alleged bad faith tactics.
To qualify for TWIA coverage, the building must reside in one of the qualifying counties. Additionally, properties may be located in designated flood zones, must be certified as having been built to applicable building codes, must meet all other underwriting requirements, and applicants must have previously been denied by at least one other authorized insurance agency.
Why Might Your Wind Damage Claim Be Denied by Your Insurance Company?
There are several reasons why an insurance company may not honor the claim for a damaged property that sustained damages in a windstorm. Some of these reasons may be in bad faith, but others are more valid.
The common reasons for denials include the following:
- Delays in reporting structural damage
- Disputes over the cause of significant damage to the building
- Failure to renew a commercial or homeowners insurance policy
- Inadequate or improper documentation to support your claim
- Inadequate steps to mitigate damages
- Insufficient coverage, which may result in inadequate compensation
- Insurance adjusters filing damages as flooding damage
- Lack of adequate maintenance
- Misrepresentation of the facts
- Missed premium payments
- Policy exclusions, such as the damage caused by wind-driven rain
- Pre-existing damage to a building, which an insurance company may argue as a reason to deny your claim as it is not a new loss
- There is nothing left to pay after the deductible has been applied
- There were no strong winds at the time that you sustained structural damage
Is Your Insurance Company Engaging in Bad Faith Tactics to Deny Your Insurance Claim?
Unfortunately, it is fairly common for insurance companies to engage in bad faith practices to devalue or dismiss insurance claims made after strong storms.
Commonly seen bad-faith tactics include the following:
- Delaying a settlement
- Depreciation in insurance estimates and replacement costs
- Failure to promptly investigate and assess damages
- False claims that the damaged property was caused by poor maintenance, manufacturing defects, or regular wear and tear
- Lowball settlement offers that cannot even begin to pay the cost of repairs and rebuilding
- Refusal to pay an insurance claim without conducting a reasonable investigation
- Refusing to pay a claim because of your race, gender, religion, or other protected characteristics
- The hiring of biased insurance adjusters, engineers, and other experts
How Can a Wind Damage Attorney Lend Legal Assistance?
As your lawyers, our legal team will work tirelessly to thoroughly assess the extent of the wind damage, ensuring that no stone goes unturned and every detail is properly recorded. We will do everything within our power to maximize the full compensation you stand to recover.
When it comes time to file a claim or appeal, we will help you gather all the essential documents and evidence to support your wind damage insurance claim.
Insurance companies may be reluctant to pay you what you deserve, even when you have professional legal representation in your corner. Our legal staff has extensive experience negotiating complicated agreements with insurance companies, and we would be proud to lend legal assistance.
If your insurance company provider proves uncooperative or acts in bad faith, we have experience in helping our clients file lawsuits and take their cases to court.
Schedule a Free Consultation to Discuss Your Wind Damage Insurance Claims Today
Stormlex Law Group is a law firm located in San Antonio, Texas. We are dedicated to helping residential and commercial property owners recover compensation from their insurers following devastating storms. As your legal representatives, we will work to limit further damage to your business as you seek full and fair compensation for your case.
To learn more about our legal services and how we may be of assistance to you during this difficult time, please contact our law office to schedule your free, no-obligation case evaluation today. You may reach us at 877-890-6372.
