I wasn’t able to make my Hurricane Harvey windstorm claim before September 1st. I have windstorm damage. Can I still file a claim?
YES! Nothing about the new law prevents you from filing a claim for windstorm damage with your homeowners’ insurance company. If you experienced damage from Hurricane Harvey that you think may be covered under your homeowners’ policy (i.e. roof damage, fence damage, fallen
YES! Nothing about the new law prevents you from filing a claim for windstorm damage with your homeowners’ insurance company. If you experienced damage from Hurricane Harvey that you think may be covered under your homeowners’ policy (i.e. roof damage, fence damage, fallen tree, tree limbs, window leaks, etc.), you should make a claim as soon as possible.
Those homeowners who filed their claim prior to September 1st will benefit from the former law’s higher interest rate if the insurance company is found to have wrongfully denied or delayed payment of your policy proceeds. However, homeowners who filed their claim before 9/1 and those who file after 9/1 will still face added procedural hurdles if they need to file a lawsuit against the insurance company if claims are mishandled. If those procedures are not strictly followed, a homeowner’s ultimate recovery in a lawsuit could be seriously limited. For example, the new law requires stricter pre-suit notice requirements, forcing a homeowner to detail damage and potentially limiting the amount of attorney’s fees that can even be awarded by a jury at trial. The new law also requires homeowners to open their homes to the insurance company for additional pre-suit inspections even if the insurance company already inspected (and re-inspected) during the claims process. Additionally, an insurance company may force a homeowner into federal court, with its more strict requirements and less homeowner-friendly rules and case law.
If you fear your homeowner’s storm damage claim has been mishandled, you should promptly seek legal advice at the end of your claims process. The attorneys at Mostyn Law were actively engaged in fighting this law before the Texas legislature, so we know the ins and outs of the new lawsuit requirements. Let us help you navigate the complicated litigation process when the time is right.