The two year anniversary of Hurricane Ike is rapidly approaching. In approximately 2 months, we will be nearing the end of another Hurricane season and the anniversary of Hurricane Ike, September 13, 2008, when Ike devastated the Gulf Coast of Texas.  This anniversary date is a reminder to all homeowners that the window to file a Hurricane Ike Lawsuit may be closing (depending on the facts to a specific insurance claim).  In Texas, there is a specific time period in which a potential litigant can file a claim depending on the type of claim the person wants to file a lawsuit upon.  The Statute of Limitation a/k/a “SOL” is the time period in which you must file a lawsuit in Texas regarding a particular claim or you are forever barred from filing the lawsuit.  In other words, if you don’t file your lawsuit by the statute of limitations in your specific case (which is independently calculated based on the facts of your claim) then you are barred from recovery of damages forever.

Many homeowners filed Hurricane Ike insurance claims with their insurance carriers and were involved in typical claims handling practices such as delay tactics, under payments, improper scoping of damages and tag team adjusters.   Usually, it takes adjusters several months to conclude an Ike claim from start to finish and for some the claims are still open with no resolution in sight.  Another tactic by insurance companies was to respond quickly to Ike claims by going to the property but spending very little time scoping the damage at the property and concluding that the damages were “less than the deductible.”  This resulted in a zero payment to homeowners at the end of the day and allowed the adjusters to close the file, get paid, and move on to the next.  The more files an adjuster could handle and close, the more money the adjusters made.  This is and was to the detriment of thousands of Texans.  Act now and know your rights.  It is imperative  that you gain information as to how the Statute of Limitations a/k/a “SOL” affects your lawsuit and ability to bring a claim for damages in the future.  In other words, if you don’t find out when your statute of limitation runs out in your case, you might be “SOL” when you try to file your lawsuit.

If you have decided that you want to file a lawsuit for your Hurricane Ike claim and plan on consulting with an attorney, here is a check list of some documents you will need to bring with you to make the SOL determination easier:

1.       Copy of your Insurance Policy pertaining to your Home that was in effect during Hurricane Ike (or closest policy to the date of Hurricane Ike)

2.       Photos of damages to the property

3.       Any correspondence such as letters and emails between you and the insurance company/insurance agent related to your Hurricane Ike claim

4.       Any estimates, engineer reports, receipts, invoices or bills pertaining to your Hurricane Ike claim

5.       Any public adjuster documents, if any, pertaining to the insurance claim

6.       Information pertaining to the payments you received, if any, from the insurance company related to your Hurricane Ike claim

This information will contain important details that pertain to the calculation of the statue of limitations in your specific case and vary from claim to claim.

Come down to our office and let us help you get the money you deserve for your Hurricane Ike damage, before it is too late.

This blog has been re-posted from this Fall:

On September 12, 2009, the Mostyn Law Firm helped sponsor the Galveston Rebirth Festival, which included a 5K walk or run.  The festival was in honor of the lives lost and in celebration of the rebirth of Galveston, Texas, one year to the day since Hurricane Ike struck. The race started at 8:00-8:30 am so we were there really early in the morning…..and it was pouring….and it was about 110 degrees with the humidity.  We were soaked through our clothes and I personally was more than reluctant to run a little over three miles.  However, once the race started and we wove in and out of the historic district of Galveston, I realized that the heart of the community was still very much alive, even if the city was still in a state of rebirth after the storm.

 

Lined against the path of our run were citizens of Galveston, cheering our sloshing sneakers forward and even more astonishing, giving us their encouragement. As if we were the ones needing encouragement.  With blue tarps still dotting the roofs of the homes at the one year mark, it was the citizens of Galveston giving thanks and encouragement.  Not only did the realization of the meaning behind what I do professionally day to day beg me forward, but the realization that our fight is still miles away push me on.

 

That, and one woman running the race about 5 paces ahead of me.  She was an older lady, must have been in her fifties or sixties, but about every five people we passed along those three miles called out to her by name.  I do not recall what it was, probably from the pounding in my own head from the heat and humidity, but only that every person that we passed smiled, waved and cheered her on by name.  I have no idea who she was, but the city of Galveston surely did. It is citizens such as her that have kept and will keep the heart of Galveston alive while the battle rages on against the insurance companies.

 

Blog Post by Whitney Ellis, Mostyn Law Firm Attorney

It’s now been over a year since Ike attacked our area and still the effects are harshly felt by so many of our neighbors. I frequently get calls from people who are still struggling with their Hurricane Ike claim and are still trying to work with their insurance company to get what they are owed. It is unconscionable that so many people are still waiting for their adjusters and insurance companies to “do the right thing.”

 

I have heard hundreds of insurance company excuses as to why insurers continue to stall and delay payments on valid claims. Adjusters say they need more documentation. Or insurance representatives will tell you that they are waiting on reports from third parties. Some insurance companies have even told their insureds that it was their job to “prove” their claims; despite the fact that it is the insurance company’s responsibility to investigate the claim. By now, if your insurance company was going to pay you what you are rightfully owed, they would have done it already.

 

I understand and respect those who want to give their insurance company every opportunity to honor their contractual obligations before getting a lawyer involved. But if you’re still getting the runaround over a year later, I want to hear about it.

 

Post by Donivan Flowers, Mostyn Law Firm Attorney

So your insurance company wants you to submit to an “Examination Under Oath”, or “EUO”? What is an EUO? Basically, an EUO is a question-and-answer session under oath between you and the insurance company’s attorney. Your answers are recorded by a court reporter.  Unfortunately, insurance companies are notorious for using the EUO as a basis for denying claims.

There are several things you must know before your EUO takes place. Under most circumstances, you have to submit to an EUO. Generally speaking, most homeowners policies have a provision requiring the insured to provide an EUO if requested by the insurance company. If you do not provide one, the insurance company has a possible basis to deny your claim.

The insurance company should set the EUO at a reasonable time and place. The actual request for an EUO should include the scope of the topics that the insurance company would like to ask you about. It is important to remember that you have an absolute right to be represented by an attorney at your EUO. And once you have completed your EUO, in most cases you have a right to review the transcript of your EUO to make sure that the transcript is truthful and accurate.

Finally, and most importantly, you must remember that the insurance company may only be asking for your EUO as a pretext to deny your claim. Generally, the request for an EUO is an indication that the insurance company hasn’t taken your word and suspects something out of the ordinary.  Stated differently, what you say in your EUO has a profound effect on the outcome of your claim. Talk with a lawyer.

The more I talk with Hurricane Ike victims, the more I hear the same story regarding the run-around they’re getting from their insurance company.  Most people are faced with constant frustration from their insurance company in the form of a revolving door of adjusters, constant requests for more information and documentation, and unreturned phone calls.  Unfortunately, many of you are not alone in fighting the battle against your insurance company to get your hurricane claim paid.  I see over and over common claims handling practices implemented by insurance companies to cause frustration. They do this in the hopes that homeowners will simply give up.  When you give up, the insurance company wins.  I would like to hear from you on this type of insurance practice.  Please share your story with me. Your story can make a difference.

Has anyone out there heard of  the Texas Windstorm Insurance Association? We are getting calls from homeownwers who have been denied the money they’re owed because the windstorm carrier says their home was damaged by flood and the flood carrier says their home was destroyed by wind. If your home suffered both flood and wind damage, we want to hear your story.  Tell us if your windstorm coverage carrier is using flood as an excuse not to pay you what you are owed on your wind claim.

TWIA covers the Texas Gulf Coast counties of Aransas, Brazoria, Calhoun, Cameron, Changers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio and Willacy. 

TWIA also covers designated communities in Harris County that are east of State Highway 146.  (Pasadena, Morgan’s Point, Shoreacres and La Porte.)

On your Hurricane Ike damages do you realize your insurance company trains their adjusters to use a computer program to estimate the amount of money they will offer you for your damages. The problem is this program is designed to protect the insurance company and not you. Often you may be offered many thousands of dollars below what you may actually be due. But you do not have to accept this… you should get all the money you deserve.

Watch this Hurricane Ike video. Is your home worth less now than before the storm? If so you may be like thousands of people who feel thier insurance carrier has betrayed them. The sad truth is your insurance company is driven to protect their profits and not you in times of disaster. Many hurricane victims feel their insurance company has delayed, lied and cheated them. But they don’t know what they can do to correct these wrongs. You may feel this way to. If so we can help you.

Watch this video message we are sending out to all of the Texas hurricane victims who may be being treated unfairly and in bad faith by their insurance company.

Finding time to spend a couple of days away from our legal work is a good thing. But after a few days of relaxation we are always eagar to get back to work. We are now helping thousands of hurricane victims resolve the many problems they are having with their insurance company. We dedicate ourselves to this work. Often we find people we help may be due many thousands more than their insurance company offers to pay.