Living so close to the Gulf, we knew the day would come again. But our memories of destruction caused by hurricanes in the past were forgotten. Our beloved city kept dodging a bullet and —unlike many of our neighbors—we had not experienced a devastating storm in decades. Our luck ran out when Ike came barreling ashore. From the beaches of Galveston to the pine trees of The Woodlands, many homes and businesses were not spared. Through it all, we breathed a sigh of relief —we thought our insurance companies would step up in our time of need. Yet, many of us are still waiting for help. We live with tarped roofs, uprooted trees and stained sheetrock. Businesses have lost revenues. Missed appointments, unreturned phone calls and low estimates from the insurance companies have become commonplace. We are left with broken promises, broken dreams, and broken homes and businesses.  

Hurricane claims are a web of complexity. Even the most educated individuals are unlikely to fully understanding his policy and rights, so in an attempt to help, I sat down with two Houston attorneys experienced in hurricane litigation. James Lee and Erin Murphy Goodman of the Lee Law Firm handled hundreds of insurance claims after Hurricane Rita. I asked the attorneys questions our readers are facing.

Q: How does the law protect consumers?

A: The Texas Insurance Code prohibits insurers from engaging in acts or practices which harm consumers. Insurance companies must conduct thorough, reasonable and prompt investigations, and attempt in good faith to promptly, fairly, equitably and timely settle claims. Violations of the Code can lead to lawsuits, recovery of triple

Q: What are consumers’ rights and obligations?

A: Insurance companies must promptly, thoroughly and objectively investigate claims. Insurance companies must provide a reasonable basis —in writing—which explains how and why the claims are being accepted or rejected. Insurance companies must act in good faith and fair dealing. Consumers ’ duties are set forth in the policy and include timely reporting claims, preventing further damage, and providing reasonable information.  

Q: How can consumers protect themselves?

A: Valid claims are routinely—and arbitrarily—underpaid and denied. Most consumers are not aware that the law offers protection from unscrupulous insurance companies. Many policy holders simply accept unfair denials or underpayments because they are unaware of their rights. We encourage everyone to be cautious, but cooperative, when dealing with insurance companies. Read your policy, document your damages, take photographs and keep detailed records. If you are forced to do a “patch” job because the insurance company has underpaid your claim then you may devalue your home or business. If something does not seem right or fair, call an experienced hurricane insurance attorney. Don ’t be a victim twice.

Our office is currently accepting new cases. For more information or to arrange for a free initial consultation at your property, contact Attorneys James Lee or Erin Murphy of the Lee Law Firm 24 hours, 7 days a week at 800-614-5834.