Insurance

Insurance Coverage and First Party/Bad Faith

Buck Keenan has a proven track record of successful insurance claim litigation throughout Texas. We have successfully sued and settled with almost all major insurance companies for property losses caused by hurricanes, tornadoes, fire, hail, explosion and other causes. We regularly contend with the claims that have been denied or drastically undervalued by insurance companies, along with the litany of coverage exclusions that insurance companies include in their policies. These types of claims obviously include the cost to repair or replace damaged property, but there can be many other policy benefits available such as business income/business interruption, payment for loss adjustment expenses charged by engineers and accountants, and other benefits for extra-expense, mitigation and emergency repairs.

We have litigated against most major U.S. insurers that are familiar to everyone, and we have also successfully sued major international insurers such as those operating in the Lloyds Markets and other surplus lines or specialty insurers.

We frequently review and advise clients about Reservation of Rights or Claim Determination Letters sent by insurance companies. These letters can be intimidating and confusing for anyone who does not routinely deal with insurance issues. We will respond to the insurer to protect the rights of our clients and to rebut the insurer’s allegations about exclusions or other reasons for non-payment of claims.

If you have liability insurance and you have been sued or threatened with a lawsuit, you should immediately put your liability insurance company on notice. At Buck Keenan, we assist clients with the process of getting their liability insurers to pay to defend against lawsuits or other claims. Insurers often initially resist paying defense costs for their insureds by claiming that the allegations against the policyholder are not covered. But the duty to defend is broadly interpreted, and we have successfully obtained paid defenses from liability insurers after the company initially refused to defend.

At Buck Keenan, we have obtained jury and bench trial verdicts for policyholders who initially had their claims denied. When we win at trial, we recover what the insurer should have paid under the insurance Policy, plus attorneys fees and statutory interest for the insurance company’s late payment. This means the recovery after a successful trial can be double the amount of the original insurance claim- or sometimes even more. We like to resolve these types of cases early if possible so that our clients can get the money they need after a loss. The fact that we have a proven record of success at trial can help convince some insurers to pay sooner rather than later.

Representative Cases

Jury trial in Harris County for homeowner against insurance company winning coverage of third-party claim involving a jet ski injury on Lake Houston.
Settled at mediation a subrogation claim brought for client insurance company against utility company for house fire allegedly caused by a power line.
Settlement at mediation of claim brought against insurance broker for placing policy for client that did not cover warehouse fire damages.
$1.5 million settlement from an insurer after coverage was denied.
Settled hail damage claim for $650,000 after insurance company said the claim was not covered.
Over $10 million in settlements of Hurricane Ike insurance claims.
$975,000 settlement of hail claim based on insurer’s improper calculation of wind/hail deductible.
$425,000 verdict against insurance company for denial of homeowner’s claim based on alleged arson.