MEC&F Expert Engineers : COUPLE SUES INSURANCE COMPANY OVER HAIL STORM CLAIM. THEY ALLEGE THAT THE COMPANY UNDERVALUED THE COST OF THE REPAIRS. HOWEVER, THE JURY FOUND THAT THE HOME'S DEPRECIATION VALUE PLAYED A BIG ROLE. THE INSURANCE COMPANY CHANGED IT FROM 10 PERCENT TO 70 PERCENT.

Friday, March 6, 2015

COUPLE SUES INSURANCE COMPANY OVER HAIL STORM CLAIM. THEY ALLEGE THAT THE COMPANY UNDERVALUED THE COST OF THE REPAIRS. HOWEVER, THE JURY FOUND THAT THE HOME'S DEPRECIATION VALUE PLAYED A BIG ROLE. THE INSURANCE COMPANY CHANGED IT FROM 10 PERCENT TO 70 PERCENT.






MARCH 4, 2015

EDINBURG, TEXAS

An Edinburg couple sued their insurance company claiming it underestimated and undervalued the cost to repair their home after a hail storm. The verdict is in, but the case is just one of thousands still pending in Hidalgo County.

Martin Amaro and his wife were disappointed with the jury's verdict. They were hoping the panel of 12 would award them the money needed to repair their hail storm damaged home.

Instead, jurors turned them down.

The hail storm of April 2012 left its mark on Amaro’s home. Water damage is visible in the ceilings of two bedrooms, a bathroom and laundry area. Damage to the roof can also been seen.

At the time, Amaro reached out to his insurance provider, National Lloyds Company, requesting coverage for the repairs. He asked for $17,000.

Instead, he was sent two checks totaling a little over $3,100. It was not enough, so he sued.

"I got a quote for the amount of materials and labor. The $3,000 the company was giving me would only be enough to pay the materials, not the labor. I would have to pay out of my own pocket," he said.

Amaro's case went to the 206th State District Court.
A jury returned a verdict citing on behalf of National Lloyds Insurance. The twelve member panel didn't believe the company failed to comply with Amaro's insurance policy.

Amaro learned his home's depreciation value played a big role. His insurance company changed it from 10 percent to 70 percent. This impacted the amount he was going to get back for repairs.

That did not sit well with the home owner. His attorneys accused the company of over depreciating.

"I don't feel good because the jurors cited on behalf of the insurance company. Of the eleven questions they were asked, all of them were in favor of the company. I don't agree with this decision," said Amaro.
He does not understand how it came to this.

He said, "If I'm going to pay for insurance, I expect for the company to respond to me when I need them. Do you understand? I needed them right now, and they didn't respond the way I felt they should have.”

Amaro's lawsuit is the first hail storm related case to go to trial in Hidalgo County. More than 9,300 are waiting for their turn in court.

Hidalgo County District Clerk Laura Hinojosa said, "We've had over 13,000 cases that were filed since the hail storm hit. We currently have over 9,000 cases that are still pending. … It's a tremendous job for our judges to have to decide."
Hinojosa said the number of cases is unusual for Hidalgo County.

"If they decided to open up a hail storm court, so to speak, we would have enough cases filed in Hidalgo County to constitute its own court,” she added.
The majority of these cases are going before State District Judge Rose Reyna. She was appointed by the Texas Supreme Court as a multi-district litigation judge to oversee pretrial matters.

From there, the cases will be sent to their original court for their full trial.
CHANNEL 5 NEWS reached out to National Lloyds Insurance for comment. They sent a statement stating they were pleased with the unanimous jury verdict in this case, finding that they acted in good faith based on policy terms.
As for Amaro, his attorneys are considering asking for a new trial.

Full Statement from Bob Otis – National Lloyd Company

National Lloyds Insurance Company is certainly pleased with the unanimous jury verdict in this case finding that we acted in good faith based on policy terms. Bob Otis, President & CEO of Waco-based National Lloyds, stated, “We appreciate the diligence of the jury in this case. They were presented all the evidence about the insurance policy and the claim file and agreed that National Lloyds complied with its insurance policy and paid to its insured all the money they were due for actual damage that resulted from the March and April 2012 hail storms.”

National Lloyds has served the Rio Grande Valley region since 1948, providing affordable and reliable fire and homeowners insurance and servicing claims fairly and promptly. More than 75% percent of National Lloyds Insurance business is in Texas, with more than 60% in areas designated by the Texas Department of Insurance as underserved for homeowners insurance. National Lloyds is an AM Best A-rated carrier.