FAQs

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My home/business is damaged. What should I do?

Know your policy.
Read your insurance policy to find out what is and is not covered. If you cannot locate a copy of your entire insurance policy, ask your agent for one. If you do not understand your policy or you cannot obtain one, call Merlin Law Group right away. We can help.

Record the damage.
The biggest mistake policyholders (you) make is not recording the damage. Before making any repairs or cleaning up, take pictures or video of the damage caused to your property. Also, make a detailed list of all of the damage to your home.

Ask for living expenses right away.
Many policyholders are unaware insurers may provide this. Ask if they will authorize payment of evacuation expenses (sometimes called additional living expenses) if you are displaced. If you believe you are denied this payment in error, please call Merlin Law Group right away. We can help.

Put your insurer on notice.
Do not wait to get the claims process going. If you’re unsure of how to properly notify your insurance company, please call Merlin Law Group right away. We can help.

Business interruption.
Business owners should make sure their insurer knows they can’t operate due to damage and/or displacement. It is critically important that you notify your insurance company in a timely and compliant manner. If you’re unsure of exactly how to do this, please give Merlin Law Group a call right away. We can help.

Structural record.
Finally, demand a structural engineer check the property/building to determine if stress from high winds have pulled, separated or weakened fasteners or other structural components.

How do I file a commercial claim for business losses?

Notify your insurance company immediately if you are out of business due to the storm. Many commercial policies provide coverage for lost profits due to storm damage or power outages. If you believe you have coverage for lost profits, document the amount of time you are out of business as well as any increased expenses. Also, find out whether your competitors are experiencing a surge in business activity. You may be able to argue to the insurance company that you are entitled to the lost profits which you would have had if you were able to open immediately after the storm.

Commercial claims are unique to each business and require specialized estimators, appraisers, salvors and accountants working as a team to develop loss claims that fully reimburse business owners. Obtaining an experienced team that understands your specific coverage is essential to any successful business claim. Because commercial claims can be comprehensive and complex we recommend that you contact Merlin Law Group for a free consultation. We can help.

What is Bad Faith?

Insurance companies have a duty to investigate coverage and evaluate damages so their policyholders promptly receive full policy benefits. They should hire a sufficient number of competent adjusters and consultants that are motivated to explain the coverage available and provide those benefits to the policyholder as quickly as possible. These duties are known as “good faith” obligations. When an insurance company fails to act in good faith, they can be liable for such conduct and those lawsuits are known as “Bad Faith Claims.” If the bad conduct is intentional or extreme, the insurance company can be held liable for punitive damages. If you feel you have not received your benefits in a timely manner, contact Merlin Law Group for a free consultation. We can help.

What should I do if my claim is denied?

Contact Merlin Law Group right away. We will provide a free initial consultation and advice on how to re-open an insurance claim or how to have it resolved appropriately.

A wrongful denial that causes you additional damage, not covered under the insurance policy, may be recoverable through a bad faith claim. You will need an attorney’s help in this case. Sometimes, simply asking for a new adjuster or having Merlin Law Group send a letter requesting reconsideration is all that is needed. A consumer complaint to the Texas Department of Insurance may help as well.

What should I do if my insurance company hasn’t made me an offer?

Follow up in writing and ask for an immediate response. A consumer complaint to the Texas Department of Insurance can be helpful. A refusal to adjust a claim is the same as a claim denial and should be treated the same way. It may also be wise to contact Merlin Law Group for a free initial consultation as we can provide you with a legal opinion.

What should I do if I disagree with the insurance company’s decision on my claim?

This is one of the most common scenarios we find. If the money offered by the insurance company is not enough to cover the damage to your insured property, then inform the insurance company of that in writing. Enclose copies of contractor estimates or any other documentation that supports your claim. Keep copies of everything.

Did you know that you may accept the check in the amount offered by the insurance company and still continue to dispute the remainder of your claim? Accepting the undisputed amount offered by the insurance company does not foreclose your right to ask for additional payment under the policy. If your insurance company attempts to force you to sign a “release form” in exchange for payment, please contact Merlin Law Group right away.

If you accept the amount offered by the insurance company, only to find out later that it did not cover the cost of repairs, you can go back to the insurance company and demand additional payments.

If you cannot resolve your dispute with the insurance company, contact Merlin Law Group right away. We can help.

How does my residential policy coverage work?

A home is usually your most valuable investment. It also represents part of your life, a means of storing precious property obtained over a lifetime. Most modern residential policies recognize this and cover your house and personal property at replacement cost. Further, your policy should cover the additional costs of maintaining that lifestyle while your property is being repaired or replaced.

There are many valuable benefits available under residential policies that often go unclaimed because people do not understand how the coverage works. Contact Merlin Law Group to help ensure you receive the full benefits you deserve.

What is Replacement Cost Coverage?

Replacement cost coverage means that the insurance company will pay the cost of replacing your insured property up to a specified limit. It usually does not mean that the insurance company will replace your house regardless of the cost. Read your policy carefully to determine the replacement cost limit on your policy; often, this coverage only raises your policy limits by a certain percentage.

If you have replacement cost coverage, the insurance company will hold back a significant portion of your benefits until the repairs are completed. This is usually called “depreciation” on the adjuster’s estimate. Once you have completed repairs, the insurance company is supposed to pay to you the amount it held back as “depreciation.” Notify the insurance company in writing that you have completed all repairs and demand payment of all amounts held back by the insurance company. If you have trouble receiving your payment, contact Merlin Law Group. We can help.

How is a condominium loss different from other commercial losses?

Condominium losses are different from other commercial losses because there are typically documents other than just the policy that control how the loss is going to be adjusted. Condominium by-laws have to read in conjunction with the policy to ensure that everything required to be adjusted is considered. Similar to commercial policies, many associations purchase coverage to help maintain revenue while the property is being repaired. If you are unsure of your policy, contact Merlin Law Group. We can help.

Can I afford to hire an attorney?

Fortunately, Merlin Law Group will represent you, the policyholder, on a contingency fee basis and often advance the costs for litigation. That means it costs you nothing upfront. We only receive a percentage of the amount we recover for you.

Merlin Law Group proudly represents and advises all types of policyholders, including large corporations, various sized businesses, condominium associations, schools, and individual homeowners. Contact Merlin Law Group. We can help.

What do I need to know?

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