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Can You Fight a Denied Home Insurance Claim in Texas?

— February 28, 2022

Also, if they know they’re talking to a no-nonsense lawyer, the insurance people will be less likely to try any tricks.

Most Texas residents rely on their homeowners insurance to recover damages should anything bad happen to their house, but, unfortunately, their legitimate claim may be denied for often  unclear reasons. What can you do if you’re left without a roof over your head and the insurance company refuses to pay for the repairs? In case you did not think of this before, this might be a good time to get in touch with a homeowners insurance claims lawyer in Texas and find out what are your rights.

Don’t let yourself be bullied by your insurer

Insurance agents are trained to behave like they’re your best friend when they want to sell you a policy. The moment you make a perfectly legitimate claim, their attitude changes dramatically. Suddenly, you’re the bad guy coming to take their money. Yes, you may have paid those premiums dutifully for many years, but now it’s their money and they have no intention of giving it back to you. Not if they can help it. 

The insurance adjuster that comes to inspect the property may seem friendly and compassionate, but be careful what you tell them. Keep in mind that the guy works for your insurer and is probably on a mission to find reasons to minimize the value of your claim or deny it altogether.

Man screaming into telephone; image by Icons8 Team, via
Image by Icons8 Team, via

Early in your communications with the insurer they may warn you not to hire a lawyer. That should set all your alarm bells ringing. If they don’t want an attorney nosing around, they’re probably planning to cheat you out of your rightful money. Contact a knowledgeable homeowners insurance claims denial in Houston the moment the adjuster leaves.

Get a second estimate

If the insurer offers you a quick settlement, do not accept it no matter how much you need the money. Ask your insurance claims lawyer to put you in touch with a reputable public adjuster to provide an independent appraisal. In many cases, insurance companies use adjusters who are not licensed, whereas public adjusters are, so their opinion counts.

Make sure to meet the deadlines

In many cases, a home insurance claim gets denied on lack of coverage grounds, but this may also happen if you fail to meet the deadlines set for filing the documents required by your insurance company. Also, any mistake in those documents may be used to justify a denial. If you feel overwhelmed by such demands, best let your lawyer help with the paperwork. Also, if you need to talk to the insurance people let your lawyer handle it. An attorney specializing in this field  is fluent in the legalese used by insurance agents, whereas you’re not.

Also, if they know they’re talking to a no-nonsense lawyer, the insurance people will be less likely to try any tricks.

File an internal appeal

If your claim is denied or you’re unhappy with the settlement offer, know that you don’t have to accept their decision. They may try to make you feel worthless and powerless, but you have rights. You have the right to file an internal appeal, asking them to reconsider their decision. If they ignore your arguments, your lawyer can help you file a lawsuit accusing the insurer of bad faith and breach of contract. In most cases, even the threat of a lawsuit will do the trick and they may finally offer you a decent settlement, rather than face a trial. 

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