Houston Insurance Lawyer

Insurance Claims and Coverage Disputes I Handle 

Property Damage Claims

Hurricane damage, wind claims, hail damage to roofs, fire losses, water damage from burst pipes or plumbing failures. Insurance companies routinely deny these claims by blaming pre-existing damage, claiming normal wear and tear, or sending adjusters who drastically underestimate repair costs. I work with independent adjusters and contractors to document actual damages and force carriers to pay proper repair costs.

Bad Faith Insurance Practices

When insurance companies unreasonably deny valid claims, fail to investigate properly, misrepresent policy provisions, or employ tactics designed to avoid paying legitimate claims, they commit bad faith. Texas law allows you to recover not just your policy benefits but additional damages and penalties. The Texas Prompt Payment statute (Chapter 542) creates specific deadlines – carriers must acknowledge claims within 15 days and accept or reject within 15 business days. Violations mean penalties of 18% annual interest plus attorney’s fees.

Coverage Disputes and Policy Interpretation

Insurance policies are dense contracts filled with exclusions, endorsements, and conditions. Coverage disputes arise when carriers interpret policy language to deny claims, assert exclusions that don’t apply, or claim you violated policy conditions. I analyze your entire policy – declarations, conditions, exclusions, all endorsements – against the facts of your loss to determine what you’re actually owed. Texas law says ambiguous policy language gets interpreted in favor of coverage, but you still need an attorney to enforce that rule.

Commercial General Liability (CGL) Disputes

Businesses facing liability claims count on their CGL policies for defense and indemnity. Coverage disputes arise over whether claims fall within the policy period, if exclusions apply, whether incidents qualify as “occurrences,” and other technical issues. Under Texas law, the duty to defend is broader than the duty to indemnify – carriers must defend if the complaint alleges facts that could potentially fall within coverage. Insurance companies often breach this duty by denying coverage prematurely.

General Counsel and Risk Management

Businesses with significant insurance portfolios need experienced counsel to review policies, assess coverage adequacy, and provide risk management advice. I serve as outside counsel for businesses on insurance matters including policy review and procurement, coverage analysis for potential claims, claims handling consultation, and dispute resolution. Understanding what your policies actually cover before you have a claim prevents costly coverage gaps and positions you to maximize recoveries when losses occur.

Self-Insured and Large Retention Programs

Many larger businesses use self-insured retention (SIR) programs or high-deductible policies to manage insurance costs. These create unique challenges because you handle claims below the retention level and must properly document losses that might exceed your retention. I assist self-insured businesses with claims handling under their programs, coverage analysis when claims exceed retention levels, disputes with excess carriers, and risk management for self-insured programs.

Third-Party Property Damage Claims

When someone else’s negligence damages your property – a contractor’s work causes a fire, a vehicle crashes into your building, a plumber’s error floods your business – you’re dealing with a third party’s insurance company, not your own. These claims involve different strategies than first-party claims. I represent property owners pursuing recovery from third parties and their insurers for damage to commercial properties, residential properties, and business personal property.

Additional Insured and Indemnity Issues

Construction contracts and commercial agreements routinely require naming additional insureds or providing contractual indemnification. Disputes arise when carriers deny coverage to additional insureds or refuse to defend them in liability claims. I represent parties seeking additional insured coverage and policyholders whose carriers wrongly deny coverage required under contract.

Appraisal Process

Most property policies contain appraisal provisions for when you and the carrier disagree about the amount of loss. Appraisal isn’t arbitration – each side selects an appraiser, they select an umpire, and the panel determines loss amount. Insurance companies often invoke appraisal to avoid bad faith claims or delay payment. Knowing when to demand appraisal versus pursuing litigation requires legal expertise. I represent policyholders through appraisal and also serve as umpire when selected by appraisers.

Subrogation Defense

After paying claims, insurance companies pursue subrogation to recover money from third parties they claim are responsible. I defend businesses and property owners against subrogation actions, including analyzing waiver of subrogation clauses and the made whole doctrine.

What to Expect When We Work Together

• Initial Consultation: We’ll discuss what happened, what your insurance company told you, and what your policy actually says. I’ll review your denial letter or settlement offer and give you my honest assessment of your case. Free, confidential, no obligation.
• Policy and Claim Review: If we move forward, I analyze your entire insurance policy against the facts of your loss. I obtain your complete claim file from the insurance company to see exactly what their adjusters documented and what they’re basing their denial on.
• Dealing with Your Insurance Company: I handle all communication with the carrier and their attorneys. Most property damage and coverage cases are handled on contingency – you pay nothing unless I recover money for you.
• Settlement or Litigation: Many cases settle once insurance companies see you have an attorney who knows their tactics and is prepared to litigate. If they won’t make a fair offer, we file suit and take them to court.

Serving Greater Houston and Texas

My office is located in Houston’s East Downtown. I represent policyholders and businesses throughout the Greater Houston metro area including:

• Houston (East Downtown, East End, Greater Heights, Montrose, Medical Center)
• Sugar Land
• Katy
• League City
• Alvin
• Texas City
• Galveston
• Surrounding Harris County Communities

Understanding Texas Insurance Law

Bad Faith Standards

Texas law requires insurance companies to deal fairly with policyholders, investigate claims thoroughly, and handle claims promptly. When carriers violate these duties, they commit bad faith and face additional liability beyond just paying your claim. You may recover consequential damages, statutory penalties, and attorney’s fees.

Prompt Payment Statute

Chapter 542 of the Texas Insurance Code creates specific deadlines. Carriers must acknowledge receipt of your claim within 15 days, begin investigation within one business day for weather-related property damage, and accept or reject claims within 15 business days after receiving all information. Violations trigger 18% annual interest penalties plus attorney’s fees.

Policy Interpretation Rules

Texas courts construe insurance policies strictly against the insurance company that drafted them. Ambiguous language gets interpreted in favor of coverage. However, carriers still deny claims based on strained interpretations, forcing policyholders to hire attorneys to enforce their rights.

Limitations Periods

Most property insurance policies require lawsuits to be filed within two years after the loss occurs, though some policies have shorter periods (potentially as brief as one year). Review your specific policy language – waiting too long means losing your right to sue regardless of how strong your claim is.

No Upfront Costs – Contingency Fee Representation

Property damage and bad faith cases are handled on contingency. You pay nothing unless I recover compensation for you. I advance all case costs and only get reimbursed if we win. This allows policyholders to afford experienced representation without draining cash reserves while fighting their insurance company.

Frequently Asked Questions

Can I sue my insurance company for denying my claim in Texas?

Yes. Texas law allows policyholders to sue for wrongfully denied claims, and you may recover not only your policy benefits but also additional damages for bad faith conduct. The Texas Insurance Code provides statutory penalties for prompt payment violations, and common law allows consequential damages when carriers breach the duty of good faith and fair dealing. However, you need to understand both your policy terms and Texas insurance law, which is why consulting an experienced insurance attorney is essential.

How long do I have to file a lawsuit against my insurance company?

Most property policies contain a two-year limitations provision requiring lawsuits within two years after the loss occurs. Some policies have even shorter periods – potentially one year. This makes it critical to review your specific policy language. Waiting too long means losing your right to sue regardless of how strong your claim is.

What is bad faith insurance and how do I prove it?

Bad faith occurs when an insurance company unreasonably denies coverage, fails to properly investigate, misrepresents policy provisions, or employs unfair claim handling practices. To prove bad faith, you must show the carrier knew or should have known it was denying a valid claim or failed to conduct reasonable investigation. Evidence includes internal insurance company documents, claim handling testimony, expert opinions about industry standards, and patterns of similar conduct.

What if the insurance company’s settlement offer seems too low?

Don’t accept it without getting an independent assessment. Insurance company adjusters work for the carrier and their interest may not always align with yours. 

Let’s Talk About Your Insurance Dispute

Insurance companies count on policyholders accepting denials or inadequate settlements without fighting back. They know most people can’t afford attorneys or don’t understand their rights under Texas law.

If your property damage claim was denied, you received a lowball settlement offer, your business faces a coverage dispute, or you’re dealing with delays and bad faith tactics, contact me for a free consultation. I’ll review your policy, analyze your claim, and explain your legal options with no obligation.

Please contact me at 832-891-3210 or complete the contact form below.