Author: Fell Law Firm

How to Avoid an Insurance Claim Denial After Severe Storm Damage

Summer is nearly here. Along with warmer temperatures comes the potential for severe storms that can wreak havoc on your home and surrounding property. With home insurance, you have the necessary means to make repairs should damage occur.

3 Tips for Avoiding an Insurance Claim Denial After Storm Damage

Even the best home insurance companies can deny valid claims. Some insurances may deny a claim in full or in part. To help prevent any form of claim denial after severe storm damage, here are some tips.

1. File Your Claim as Soon as Possible

Most insurances require you to file your claim within 30 days to a year, depending on the insurer. A claim even a day past the statute of limitations is ripe for denial. Call your insurance company quickly after the damage occurs to avoid being late. If you’re not sure what your insurer’s statute of limitations is, ask.

2. Do What You Can to Mitigate Further Damage

Many insurers will partially or fully deny a storm damage claim due to a lack of damage mitigation. For example, if a tree falls on your home and damages your roof, and you do nothing to prevent further damage, your insurer may state they’re off the hook for some liability.

To protect yourself from this type of denial, do what you can to prevent further damage by placing tarps over damaged roofs and cardboard over broken windows.

3. Take Photos and Document the Damage

As you survey your home for damage, take photos and notes, documenting the damage. This will ensure you don’t forget anything while reporting your claim. It’s also a good idea to have proof of the damage for payment and if your insurance continues to deny your claim, acting in bad faith.

Even After These Tips, Your Insurance Company May Still Act in Bad Faith

No matter how much effort you put into preventing a claim denial, your insurer may still act in bad faith. They may deny your claim, refuse to pay in full or cancel your policy. If you feel your insurer acted in this way, we recommend reaching out to an attorney. To learn more about bad faith insurance claims, give us a call at 972-450-1418 or send us a message.

June 24, 2020
COVID-19 and Bad Faith Insurance Claims

The novel coronavirus (COVID-19) outbreak has changed the world as we know it, including business insurance coverage. Many companies have struggled to keep their doors open due to stay-at-home orders and lack of income. Unfortunately, even with programs such as the Paycheck Protection Program, businesses find little assistance.

Companies Are Now Filing Bad Faith Insurance Claims

Many companies have tried to recover losses through their business insurance policies. Most insurers turn down these claims quickly, stating pandemic losses are not covered. As a result, businesses are filing bad faith insurance lawsuits due to the insurer’s lack of investigation.

972-450-1418 – Some businesses required to close due to COVID-19 filing lawsuits claiming insurance bad faith. To learn more, visit us today.

Big Onion Tavern Group LLC et al v. Society Insurance Inc.

In a recent lawsuit, a group of restaurants and movie theaters claimed their insurance company, Society Insurance Inc., immediately denied claims without a reasonable investigation. They also claim the insurance company’s policies don’t include a pandemic exclusion.

Mace Marine Inc. v. Tokio Marine Specialty Insurance Co.

Another lawsuit filed in Florida by Mace Marine Inc. alleges a claim denial by Tokio Marine Specialty Insurance Co. The company stated the insurer denied the insurance claim without a substantive investigation of the premises.

Other lawsuits have been filed by companies in New Orleans, California and Oklahoma, all demanding coverage under their insurance policies.

As of the writing of this blog post, there are no rulings for any of these lawsuits. It’s not clear how these claims will be handled by insurance companies or the court. With these cases making headlines, though, we expect to see similar cases filed based on bad faith due to lack of investigation and pandemic exclusion.

Changes Made After SARS Outbreak Prevent Business Interruption Claims

Some insurance companies learned their lesson in 2002 when the SARS outbreak resulted in millions of business interruption insurance claims. Many insurers added exclusions to their commercial policies for losses caused by viruses or bacteria. Will insurance companies who failed to add the exclusion need to pay? Only time will tell.

Suspecting an Act of Bad Faith? Call an Attorney Today.

We recommend any claim of insurance bad faith undergo review by an attorney before moving forward. We assist individuals and businesses who believe they’ve become a victim of bad faith. To learn more about how we can assist you, send us a message.

June 14, 2020
Statute of Limitations: How Long Do You Have to File a Car Accident Case?

If you or a loved one has been in a car accident, it’s important to know that you only have a certain amount of time to file a lawsuit for compensation in Texas.

What Is a Statute of Limitations?

A statute of limitations is a strict time limit on your right to file a lawsuit in court. The statute of limitations will vary depending on the type of lawsuit you’re filing, such as personal injury, libel, defamation or discrimination.

The Statute of Limitations in Texas

Car accident cases are personal injury lawsuits. According to Texas law, you must file a personal injury lawsuit within two years of the date of your accident.

If you’re filing a wrongful death lawsuit on behalf of a loved one who died due to an accident, the statute can be paused for up to one year. The statute begins the date of the individual’s death.

972-450-1418 – Have you been involved in a car accident? You only have a certain window of time to file a lawsuit. To learn more, visit us today.

Filing a Claim After the Two Years Has Passed Will Hurt Your Case

After a car accident, we understand it’s tempting to avoid any additional stress to give yourself time to heal. You may even think your injuries will be covered completely under your insurance. Unfortunately, this may not be the case for more serious injuries. You also won’t receive compensation for pain and suffering or other losses under insurance.

To receive the compensation you deserve for your injuries, you should act quickly. Filing a claim after the two-year statute of limitations may result in a motion to dismiss your case. At that point, there’s little to be done.

Special Considerations in Texas

Did you get hit by a bus or another government vehicle? If so, you must follow another set of guidelines for filing.

The Texas Tort Claims Act states you must file a claim within six months of the date of your accident. Moreover, some cities within Texas have even shorter time limits. It’s important to discuss your accident with an attorney to ensure you file correctly.

Hurt in a Car Accident? Call an Attorney Today.

If you’ve been hurt in an accident, now’s the time to reach out for help. Don’t wait or attempt to file a lawsuit on your own. We recommend calling an experienced car accident attorney. To learn more about your potential case, send us a message.

June 4, 2020
3 Security Deposit Mistakes Landlords Should Avoid

One of the most tedious parts of being a landlord is correctly managing your tenants’ security deposits. There are Texas laws specific to these deposits that you must familiarize yourself with. If you don’t, you run the risk of making costly security deposit mistakes that can result in legal action against you. Or, you may be caught without enough buffer to make repairs or to prepare your property for new tenants.

3 Security Deposit Mistakes You Should Avoid

1. Assuming a Security Deposit Is Enough

The purpose of a security deposit is to protect you against minor tenant damage to property. It doesn’t protect you from significant damage that could cost thousands to fix. Deposits also don’t protect you from tenant lawsuits. The best way to ensure you’re covered is to create a solid lease agreement that includes specific protection against property damage.

Before drafting your lease agreement, be sure to follow all Texas rental rules and regulations. We also recommend reaching out to a landlord-tenant attorney for assistance.

2. Failing to Return the Security Deposit in a Timely Manner

In Texas, a landlord must return a security deposit within 30 days after the tenant moves out. If you don’t return the deposit within this time frame, this is considered bad faith which forfeits your right to any portion of the deposit. You may also be subject to legal action brought by your tenant.

Some landlords want their tenants to give advance notice of their surrender of the rental as a condition of receiving their deposit refund. If this is your wish, you must include that requirement in your rental agreement. If you don’t, the rule doesn’t apply to your tenants.

3. Spending the Security Deposit

In Texas, you may not withhold money from the security deposit for normal wear and tear. Instead, you may only withhold the deposit for damages and charges “for which the tenant is legally liable under the lease or as a result of breaching the lease.”

Until the end of the lease, the security deposit belongs to the tenant. You can’t spend the deposit without necessary cause. Should there be damages to repair, make sure you document what you spend. You’ll need to communicate any cash withheld to your tenant at the end of a lease.

972-450-1418 – As a landlord, there are some security deposit mistakes you need to avoid. To learn more about security deposits, visit us today.

Are You Dealing With Security Deposit Challenges?

As a landlord, we recommend reaching out to an attorney who can guide you on lease drafting and security deposits matters. To learn more about how we can help, send us a message.

May 24, 2020
Insurance Premium Payment Relief in the Wake of COVID-19
Many of the nation’s insurance companies are taking steps to help policyholders experiencing financial hardship due to the COVID-19 crisis. Companies such as Geico, Allstate, Travelers and others have committed to avoiding canceling insurance policies due to nonpayment or policy expiration.

Relief Options for Individual Insurance Policies

Each insurance company is following its own set of grace periods and other relief guidelines for auto insurance premium payments. Most include one or several of the following options:
- Payment plans: You may be able to enter into a several-month-long payment plan to spread out your payments, making them easier to manage.
- Payment extensions: You may be able to request an extension of your insurance premium payment by at least 30 days.
- Skipped payments: Some companies are offering the ability to skip one or two payments altogether.
- Waived late fees: Most companies are not charging late fees for payments that come in after their due date.
- Zero penalties: Most companies are also not charging penalties for late payments.
How long these relief options will last and how far back they will extend depends on each individual insurance company. Additionally, many companies are extending some or all of their relief options to other policies including homeowners’ insurance.

We encourage you to reach out to your insurance agent to learn more about the potential relief options available to you, should you need it.

972-450-1418 – Read about the insurance premium payment relief options offered by most insurance companies during the COVID-19 crisis.

Canceled Insurance Policy? Is Bad Faith a Concern?

Many, if not all, companies are pushing the pause button on canceling policies for nonpayment during this difficult time. Questions surrounding cancellations before this pause may still arise, however. If your insurance company canceled your policy and you believe they did so in bad faith, we encourage you to speak to an attorney.

Need Legal Help During This Difficult Time? We’re Here to Help.

Mr. Fell is working daily to support our clients and help them seek the justice they deserve. If you run into a legal issue during this time of COVID-19, know you do not need to deal with it alone. Our team is here to help; contact us today
May 14, 2020
6 Ways to Avoid Common Car Crash Injuries
In 2018—the last year of reported data—a person received injuries in a car crash every two minutes and seven seconds here in Texas. The total number of injured individuals came just under 250,000, with nearly 15,000 suffering serious injuries.

Most Common Car Accident Injuries

Car accidents cause a range of injuries, from minor soft-tissue damage to paralysis and amputation. When it comes to the most common injuries, the following top the list:
- Whiplash and neck injuries
- Soft-tissue injuries
- Head injuries
- Broken bones
- Spinal cord injuries
Many of these injuries are not life-threatening, but they can affect your daily life for weeks, months or even years. That’s why it’s important to do all you can to avoid injury in the event of an accident.

972-450-1418 – Curious to know what the most common car crash injuries are and, more importantly, how to avoid them? Read this article or reach out to our team for help.

How to Avoid Car Crash Injuries

While you can stay alert on the road to help avoid causing an accident, you can’t guarantee others are doing the same. So here are a few ways to prepare yourself behind the wheel to avoid the most common injuries in case you get into an accident.
- Wear your seat belt. Seat belts keep you safe. Without them, injuries can be even more severe. Wear your seat belt every time you get into a car, no matter how short the drive. If needed, adjust the seat belt height to ensure the belt crosses over your chest and goes over your shoulder.
- Adjust your seat. You need to be able to reach the steering wheel and the pedals. You also want to be as far away from the airbag as possible, as the closer you get the more pressure you’ll feel if the airbag is deployed.
- Sit up straight. Proper posture goes a long way in preventing many injuries in an auto accident. Do not slouch. You’ll want to ensure your back is up against the back of the seat and your head is touching the headrest.
- Adjust the wheel. The wheel should always point toward your chest. If it’s at an angle and pointing toward your face, adjust it accordingly before you hit the road.
- Keep your hands at 10 and 2. The position of your hands also affects the position of your arms and shoulders. By keeping your hands at 10 and 2 on the wheel, your arms and shoulders are more in an at-rest position.
- Don’t tense up. A common reaction in the seconds leading up to an accident is to tense up in anticipation of the impact. If you see a car coming your way and can’t avoid the accident, take a deep breath to relax your muscles. The tenser you are, the worse your injuries may be.
Involved in a Car Accident in Texas? Call Us for a Free Consult.

See a doctor no matter how severe or mild your injuries seem after an accident. It can take a while for injuries to make themselves apparent. Document everything you feel after an accident and, if you’re suffering, be sure to call an experienced car crash injury attorney. You may be entitled to compensation for your injuries. Contact our Texas legal team to learn more.
May 4, 2020
Deadly Car Accidents Abound Despite Drop in Traffic Due to COVID-19
Ever since the threat of COVID-19 entered our country’s borders and found its way to Texas, everyone has been urged to shelter in place to avoid community spread. In March, President Trump issued guidelines encouraging everyone in the US to practice social distancing. The governors of multiple cities across Texas took things further by ordering its people to stay home.

With social distancing and multiple city-wide, stay-at-home orders in place, activity and traffic across Texas have slowed somewhat. But it hasn’t slowed enough to eliminate the threat of deadly car accidents.

Multiple Fatal Car Crashes Across Texas Over the Past Month

The President’s social distancing guidelines went into effect on March 16, 2020. Many Texans began to take greater care as they ventured outdoors and to public places, but even still, fatal crashes occurred.
- A Travis County senior deputy died in a two-car crash on March 18 in the 7700 block of FM 2244.
- A 63-year-old San Antonio woman was killed in a hit-and-run accident on March 20.
- A 74-year-old man died on I-20 in Arlington after his car slammed into a concrete barrier on March 22.
- On March 30 in Austin, a 9-year-old child was killed in an accident involving both a failure to yield right-of-way and driving under the influence.
- A drunk driver hit another vehicle in Amarillo on April 1, causing the death of a 32-year-old woman and a 44-year-old woman, as well as causing life-threatening injuries to a one-year-old baby.
972-450-1418 – The threat of COVID-19 has led to fewer people on the roads but has not stopped deadly car accidents. Learn more here.

Will the Extension of Social Distancing & Statewide Stay-at-Home Orders Help?

On March 29, President Trump extended his social distancing guidelines for another 30 days. On March 31, Governor Greg Abbott issued a statewide stay-at-home order, mandating that everyone shelter in place except for essential services or activities. While staying home raises many challenges for our state’s individuals, families and businesses, we’re hopeful there’s a silver lining with this—fewer car accidents with fewer injuries and zero fatalities.

Stay Alert & Stay Safe if You Can’t Stay at Home

Whether you’re venturing out to buy groceries or you’re one of the many essential employees heading out to work, we encourage you to stay alert on the roads. Staying safe is the name of the game right now, and we all must do our part.

Should you find yourself involved in an accident, remember to get the help you need. Seek medical care and contact a personal injury attorney.
April 24, 2020
3 Legal Reasons Not to Return Your Tenant’s Security Deposit

One of the most common legal concerns in landlord-tenant matters involves the security deposit. Used as proof-of-intent for a tenant to move into a rental property, this sum of money is often given back to a tenant at the end of their lease. Yet, as a landlord, there are a few reasons why you might not return the deposit to your tenant.

3 Legal Reasons Not to Return Your Tenant’s Security Deposit

According to Texas law, you must return a tenant’s security deposit within 30 days after they move out. Yet, there are a few legal reasons why you may be entitled to keep some or all of the tenant’s security deposit.

Nonpayment of Rent

Should your tenant be unable to pay their rent, you’re entitled to keep a portion or all of the security deposit if needed to cover the lost rent. After all, the nonpayment of rent by a tenant is a breach of lease.

Property Damage

If a tenant causes damage to your property, you may be able to keep some or all of the security deposit. It’s important to know this doesn’t include normal wear and tear. For example, you shouldn’t expect to keep the deposit for small nail holes, a small carpet stain or a couple of dusty ceiling fans.

For damage such as mildewed carpet due to a large spill, broken windows and doors, or large holes in walls around the property, you may keep the security deposit to pay for the necessary repairs.

Cleaning Costs

Normal cleaning costs are to be expected and are not a reason to keep your tenant’s security deposit. Yet, other situations, such as when a tenant leaves piles of trash behind, may require you to keep a part of the deposit to cover cleaning costs.

It’s important to note that you must give your tenant an itemized list of all deductions when you return their security deposit.

972-450-1418 – Should you return your tenant’s security deposit? There are a few legal reasons why you shouldn’t. To learn more, visit us today.

Considering Holding Onto Some or All of Your Tenant’s Security Deposit?

It’s a smart idea to speak with your lawyer whenever you think you might want to keep some or all of your tenant’s security deposit. As this is a highly contentious issue between landlords and tenants, knowing what your options are and aren’t before you make a decision could help save you trouble down the road.

To learn more about your rights or to speak with an attorney, give us a call at 972-450-1418 today.

April 14, 2020
Tips for Avoiding Car Accidents While on Vacation
It’s springtime and many families are beginning to plan their summer vacations. As you plan that grand beach vacation or weekend getaway, remember to stay safe to avoid accidents while traveling.

Car Accidents Happen Often During Vacation Travel

The summer months are prime time for travel. According to the Highway Safety Advocates, the summer months of June, July and August are known as the 100 Deadliest Days of Summer due to the number of road fatalities.
During vacation travel, many drivers find themselves on unfamiliar roads and highways. The unfamiliarity plus the distraction of using GPS systems and maps for navigation often result in serious car accidents.

5 Tips for Avoiding Car Accidents While Traveling

As you plan your trip, it’s important to freshen up on your road safety. To get started, here are five helpful tips:
1. Don’t drive while drowsy: If you’re traveling long distances, make sure you stop for some much-needed rest. Driving while drowsy is often deadly. According to the National Highway Traffic Safety Administration, 100,000 police-reported crashes occur each year due to drowsy driving.
2. Avoid driving while under the influence: If you plan on partaking in that poolside margarita, remember to avoid driving while under the influence of alcohol. Approximately 30 fatalities occur each day in the US due to drunk-driving.
3. Reduce your speed: When driving in unfamiliar places, remember to do so at a safe speed. This will allow you to pay better attention to the road and those around you.
4. Don’t drive distracted: Put your phone away. If you need to use a GPS system, use one that works via voice or set the GPS before you get out on the road.
5. Inspect your car before hitting the road: Before you head out, inspect your car for any damage that may cause an accident. For example, check your tires for debris, change your oil and ensure you fill-up with gas.
972-450-1418 – As you travel this spring and summer, make sure to freshen up on your road safety to avoid car accidents. To learn more, visit us today.

Injured in a Car Accident While on Vacation? Call Us Today.

Have you been injured in a car accident while traveling? An experienced attorney can help. To learn more about our car accident representation or to speak with an attorney, give The Fell Law Firm a call today at 972-450-1418.
April 4, 2020
Cancelation: Understanding This Claim Avoidance Tactic
When you file an insurance claim on a policy, your insurance company will either pay your claim, deny it or even cancel your policy. Sometimes, insurance companies act in bad faith, canceling your policy without proper cause in an attempt to avoid claim payment.

Cancelation: A Common Insurance Claim Avoidance Tactic

There are some legal reasons why an insurance company can cancel your insurance policy, including:
- Lack of premium payments
- Inability to contact you for information to evaluate coverage risk
- High coverage risk
- Fraudulent documentation
Should an insurance company cancel your policy for any other reason, you may be a victim of bad faith cancelation. For example, they may claim you canceled your policy, but won’t be able to tell you why. Or, in other cases, they may say you made a false statement which enables them to cancel your policy as soon as you make a claim.

Insurance Companies Must Have Proof

It’s important to remember that your insurance company must prove you committed fraud or lied about your claim. And even if they’re able to prove fraudulent documentation, they must give you at least 30 days’ notice before canceling your policy.

972-450-1418 – Insurance companies may choose to cancel your policy to avoid paying your claim. To learn more about bad faith cancelation, visit us today.

What Can You Do If Your Insurance Cancels Your Policy?

If you suspect your insurance company is acting in bad faith, we recommend calling an experienced attorney. To avoid escalating the situation, don’t attempt to handle it on your own.

An attorney will be able to investigate the matter fully, including the reasoning behind the cancelation. The attorney can also work with you to recover any available damages such as punitive damages, attorney fees and any money you’re entitled to under your policy.

Cancelation is only one method used to avoid paying claims. Insurance companies may also delay investigating your claim, fail to conduct a complete investigation, offer less for a claim, refuse to pay a valid claim and more.

Bad Faith Cancelation? Call The Fell Law Firm Today.

Has your insurance company canceled your policy without documentation or notice? You may be a victim of bad faith. To learn more about your legal options or to speak with an experienced attorney, give us a call at 972-450-1418 today.
March 24, 2020