Winter is here in the Rio Grande Valley, and while we might not get as cold as the rest of the state, there is still the occasional cold front that sweeps through the area. These cold spells can bring with them chilly temperatures, rain, and heavy winds.
An accidental fire or roof damage caused by winter weather can mean having to file an insurance claim. But unfortunately, insurance companies may try to deny, delay, or underpay your winter damage claim by placing fault on you.
If you’re having issues with your insurer over a winter damage claim, then contact the law offices of Millin & Millin, your bad faith insurance lawyers. We have the experience and know-how to get you the resolution your situation deserves.
Also, consider the following winter damage claims that are frequently denied and how you can avoid them.
While the McAllen metro area doesn’t necessarily experience the same bitter winters as northern Texas, the few cold snaps that move through the area sends residents towards their space heaters and other heating equipment. According to a study conducted by the National Fire Protection Association:
Insurance companies will try to avoid paying your fire claim by investigating if the fire was an act of arson. If the fire department is unable to identify the source or reason of the fire, any inconsistencies in your story and personal property listing can cause some major issues.
One strategy to inhibit a heating equipment fire is to keep any combustible items, such as clothing or furniture, at least 3 feet away from the heating source. Also, be sure to check equipment prior to use, as any loose connections or wiring can easily lead to a fire. Lastly, make sure to have smoke alarms working properly throughout your home for an adequate early warning system.
The winter weather of the Rio Grande Valley won’t bring any snow, but it can bring rain and roof damage. A collapsed roof or damage caused by rain should be covered in your home insurance policy, but contract language can make it difficult for policyholders to protect themselves, and insurers will use this tactic to avoid paying out on a roof damage claim.
Prior to any damage happening, you might just want to conduct an outdoor inspection, so that you can repel any arguments by your insurer that you hadn’t take the right steps to prevent or minimize damage. Check for missing, cracked, or creased shingles and also check your home’s flashing. If your home has rain gutters, then inspect them also, as rusted gutters with leaking seams can allow water into your house.
Should you still fall victim to roof damage caused by winter rains, then take the following steps to ensure an effective insurance claim is made:
If your insurance company avoids paying you out, and it doesn’t seem fair, it probably isn’t.
While freezing temperatures in the McAllen area are rare, they do occur nonetheless, and if you aren’t prepared, a busted pipe can lead to some major water damage. While water damage caused by a leaking pipe is typically covered by your insurance company, they may try to place the blame on you by declaring that you failed to properly winterize your pipes, thus avoiding their responsibility to you.
Because water expands when it freezes, this expansion puts tremendous pressure on water pipes, and can cause them to break. Outdoor hose bibs, swimming pool supply lines, water sprinkler lines, pipes that run along the exterior walls, and water supply pipes in unheated interior areas are subject to freezing.
One of the most basic tips you can follow when the weather is very cold outside is to let cold-water drip from the faucets served by exposed pipes. Even a trickle of running water will help prevent pipes from freezing. Also, on freezing nights, keep kitchen and bathroom cabinet doors open to allow warm air to circulate around the plumbing.
Remember that if your policy is unclear about water damage, you have the ability to fight a denied or underpaid claim.
If you’ve done everything in your power to protect your home this season, but you’re still having to deal with the bad faith tactics of your insurance company, do not hesitate to contact Millin & Millin, PLLC.
Our comprehensive knowledge means we have the ability to represent clients in difficult cases that involve bad faith insurance. Individuals and businesses can rely on our professionalism and skills to guide them through the most complex legal matters.
Don’t let your insurance company scare you with their tactics. Fight their denial today by calling (956) 631-5600.
The largest report of hail this year near McAllen was 1.75 inches. Don’t wait around for hail to damage your home and vehicle. Prepare ahead of time and protect your property. It is imperative that a homeowner knows what to do in the event that their home is damaged by hail.
Hail can cause a wide range of damage to a home and vehicle. Insurance companies don’t always make it easy to file a hail damage claim and some claims are not always accepted. Homeowners find themselves having difficulty with claims and compensation for payments that have already been towards any damages to the home. Hail damage is often unseen when looking at the roof from below, at which point it is necessary to bring in an experienced professional to inspect the area. The inspector must be licensed and insured to be credible and to securely work on the damaged area.
Hail storms can cause extensive damage to homes, especially to the property’s roof. Leaks in the ceiling, insulation failure and electrical issues are just a few of the problems that can occur if a roof is not repaired after a hail storm. It is highly important that these repairs be made as quickly as possible so that any further damage may be prevented. When obtaining a professional to inspect the damages to your property consider that some insurance companies have a tendency to refute many justifiable claims. It is best to hire an external inspector to verify and document all of the damages to the house and roof; the inspector’s report may reveal more damage than the insurance adjuster’s originally discovered. Even the most minuscule holes that are found can lead to long term damage and deterioration of the home and roof. There may even be cracks in the walls from water pressure; it is important to get a full and detailed report of all damages to the home. Even if the cracks and holes seem insignificant, a claim to your insurance company for hail damage is still valid.
Homeowners, check your insurance policy before having the roof inspected. Not all policies cover hail damage and without being covered for hail, a claim cannot be filed. However, if hail damage is included in the policy then the policyholder should contact their insurance company immediately. The policyholder will be asked a series of questions by an insurance company representative in reference to the damage to the home and any other relevant information. After the claim has been initiated, the insurance company will send an adjuster to inspect the roof and any other affected areas of the home. If the homeowner decides to hire an external professional then both the professional and the adjuster may review the damages and compare notes. After the damages have been reviewed an estimate will be made. Unfortunately, there are instances where the adjuster does not find any damages to the home and the inspector disagrees. The inspector will have to provide additional information to justify the claim.
Homeowners may have to pay the deductible to the hired inspector. However, if the claim is approved, the insurance company may pay the remaining balance to the inspector or to the policyholder who in return must pay the inspector what is rightfully owed.
Homeowners please be cautious and carefully read and comprehend your insurance policy. Claims can be denied if the required documentation is unavailable at which point a once valid claim will be revoked and the insurance company can claim any damage that is discovered to be prior to the existing situation. Also if a policy has been recently renewed or opened within a short period of time of the damage, the insurance company can claim that the damage or any other issues to the home will not be covered under the policy.
Once the damage to your home is proven to be valid and you have been in contact with your insurance company, you may need an attorney. An attorney can ensure that the insurance company pays for the damages. Although you may not have to go to court, an attorney can assist with the claim in order to make certain that it is properly covered by the homeowners insurance.
At Millin & Millin, we are dedicated to cover the holes and the cracks that are affecting your quality of living. We will ensure that your homeowners insurance company pay out what is owed to you and that damages to your home be repaired as quickly as possible. Let us help you protect your property.
When it comes to important educational matters, the attorneys of Millin & Millin believe that involvement in the local education system is vital to the future of our children and, by extension, our community. Earlier this year, the Facilities Forecast Advisory Committee (FFAC) visited all of McAllen Independent School District’s facilities to identify any needs and evaluate the state of our children’s educational environment.
The FFAC is a community-based endeavor that consists of nearly 130 members and is made up of teachers, district staff, students and parents, along with members of the business community. Gina K. Millin and Mike Blum, co-chairs for the FFAC, presented their findings to the school board based on the information gathered through a study conducted over the previous nine months. Findings revealed that nearly half of all McAllen ISD campuses and auxiliary buildings are over forty years old and in desperate need of some major renovations.
“McAllen ISD has done a great job of building new, beautiful schools, but there are a lot of old facilities in our district that need some attention,” Millin told the board. She added, “Despite the facility, whether it’s old or new, MISD teachers are making the best use of what they have.” (Source: The Monitor) Buildings, like homes, go through much use and abuse, warranting minor repairs being made on a regular basis. However, after many years, a more exhautive approach becomes necessary.
At Millin & Millin, we believe our values rest not only on what we accomplish in the legal profession, but also on what we can do to shape our local community. Our goal is to ensure that the learning environment we provide for our children reflects the ideals and potential of the public.
The attorneys of Millin & Millin believe legal representation involves more than advocating for clients’ rights. It involves engagement with the local community and taking on important issues. As a member of McAllen’s Planning and Zoning Commission, John Millin recently gave his take on a preliminary proposal to re-examine zoning for agricultural open-space land throughout the city.
In April 2014, the Commission reviewed the proposal that might fuel development by designating agricultural open-space land for future residential and commercial purposes. Proposed zoning changes may cause complaints regarding favoritism and trigger other problems, according to Millin.
“I hope that the city and the commissioners are going to appreciate what I foresee as a very delicate situation, where you’re going to be essentially picking and choosing who you’re going to overrule when they object and who you’re not going to overrule,” Millin said. (Source: The Monitor)
Always working to better serve the community and their clients, the attorneys of Millin & Millin are steadfast in their dedicated pursuit of justice. This new zoning proposal is a concern for Mr. Millin, who expects this to create issues for certain landowners seeking rezoning exemptions, possibly having a major impact on McAllen’s future development.
