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Doyle Dennis Avery LLP has initiated suit against Certain Underwriters At Lloyds, London (“Underwriters”) for mishandling Plaintiff’s claim of loss after his supermarket sustained extensive water damages.

Our client, owner of the grocery store containing both perishables and nonperishables,  was sold a commercial insurance policy by Underwriters which provided coverage for damages to business property and lost business income caused by “accidental water discharge.” On May 25, 2014, there was a sudden discharge of water from the facility’s subsurface fire sprinkler system which caused substantial damages including loss of nearly 1 million dollars in inventory. Immediately, Plaintiff filed an insurance claim under the policy believing the claim would be handled pursuant to policy terms and benefits.

Underwriters responded by assigning an improperly trained adjuster to the case. This employee violated the Texas Insurance Code by failing to conduct an adequate investigation of damages caused by the water and by refusing to acknowledge any damages to inventory. Underwriters falsely misrepresented the terms of its policy in a denial letter by stating “Food Spoilage” was added to the “Property Not Covered Section.” In fact, coverage for food spoilage is what the Policy was intended to cover due to the nature of Plaintiff’s business inasmuch as it is a food center and supermarket.

After delaying the claims process, on September 19, 2014, Underwriters declined to continue evaluating the claim and refused to issue any payments under the Policy. The insurance provider violated its duty process our client’s claim in by choosing to delay and deny timely payment even after liability was clear. The repeated delays of payment have caused our client significant economic impact, worry, distress, and continuing economic and physical damage.

If you believe you’ve experienced improper delay or denials of a Texas commercial property insurance claim, contact Doyle Dennis Avery LLP today for a free consultation.