Texas companies ask state Supreme Court to hold insurance companies liable for damage claim denials & more Latest News Here
The coalition seeks fairness for Texas business owners in property damage claims
AUSTIN, TX, August 24, 2022 /PRNewswire/ — State business and industry groups are asking the Supreme Court to Texas to overturn a series of legal opinions that for generations have allowed insurance companies to waive coverage for property damage claims while leaving policyholders with the burden of proving that those claims should be covered.
Texas is the only state in the country that places policyholders at such a disadvantage.
Veteran Insurance and Construction Litigation Lawyer Marc Gravely filed a friend of the court brief on Tuesday on behalf of the Texas Hospital Association, Texas Hotel and Lodging Association, Texas League of Community Charter Schools, Texas Community Association Advocates, Texas Automobile Dealers Association, the Texas Independent Automobile Association, and the Texas Rural and Community Hospital Organization.
The amicus brief urges the Supreme Court to reverse previous opinions and follow Section 554.002 of the Texas Insurance Code statute which was specifically created in 1991 to clarify the issue and places the burden squarely on companies insurance. For more than 30 years, courts have applied flawed logic and effectively ignored the plain language of the law, according to the amicus brief.
“All other states follows the well-worn rule – repeatedly reiterated in all major academic treatises on insurance law for decades – that the insurer bears the burden of proving that a loss falls within the exclusionary language of a policy,” the Gravely brief states.
The case before the court is Harold Franklin Overstreet v. Allstate Vehicle and Property. In this case, a homeowner filed a claim for roof damage from a hailstorm. Allstate said most of the damage came from other causes, such as wear and tear and damage from previous storms. A lower court dismissed the suit because Mr Overstreet was unable to prove how much of the damage was caused by the storm.
“The fact that we are in the middle of hurricane season highlights this injustice,” Gravely said. “This issue is of paramount importance to a range of Texas businesses and commercial owners who pay their property insurance premiums on the assumption that the insurance companies will act in good faith to honor these agreements.
Gravely Attorneys & Counselors has built a national reputation based on record results in large and complex construction defect litigation and first party and bad faith insurance litigation. The firm’s seasoned litigators are trusted advisors to commercial property owners, boards of directors and government entities in disputes involving general contractors, design professionals and insurance companies. The firm was the first to use the contingency fee litigation model for construction defect litigation and is recognized for its high degree of expertise in the complex engineering, scientific and technical issues at the heart of such litigation. Visit: https://www.gravelylaw.com/.
SOURCE Gravely Lawyers and Advisors
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