The Loyd Law Firm The Loyd Law Firm 2026-07-13T21:18:01Z https://www.theloydlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1504957/2026/03/cropped-siteiconA-32x32.png On Behalf of The Loyd Law Firm <![CDATA[What to do if your NFIP flood insurance claim is underpaid]]> https://www.theloydlawfirm.com/?p=48301 2026-06-24T12:36:14Z 2026-06-24T12:36:14Z When protection is not enough As a homeowner in the Lone Star State, flood insurance could be one of your only protections from financial harm. Areas such as central Texas (aptly nicknamed flash flood alley) suffer billions of dollars in damage during unexpected disasters. Insurance is supposed to act as your lifeline during times of extreme necessity. But what happens when that lifeline is fragile enough to snap? Insurance companies providing National Flood Insurance Program (NFIP) policies may decide to underpay your claim, or worse, unfairly deny you. When you are not getting your fair share, insurers should be upheld to the law.

Building your case

Before assessing whether you were underpaid by the insurer, you should know the legal definition of flood damage. The Federal Emergency Management Agency (FEMA) states that flood events are when:
  • two or more acres of normally dry land inundated with water or mudflow
  • more than one property affected by water or mudflow
FEMA clearly distinguishes general water damage from flood damage. When insurance companies look at your claim, they look at inconsistencies such as incomplete documentation, policy exclusions or delays. Look over your documents and get repair estimates from contractors or other professionals. You will need to file a Proof of Loss and compile evidence.

Options to settle disputes

The government-backed NFIP has a 60-day limit to appeal from the date listed on your denial letter. Follow the FEMA Flood Claim Appeals process. If you are still not happy with the outcome, you may take one of two pathways for appeals.
  • administrative appeal via FEMA's Federal Insurance Directorate
  • the appraisal process
Under NFIP guidelines, the two pathways are mutually exclusive. If you choose a path to appeal, you forfeit the right to use the other. Should you decide not to go through the administrative process, you can file a federal lawsuit against the insurer. You have a strict one year window from the date of denial to file the suit. In every step of the resolution process, it is advisable to seek a legal advisor to navigate your insurance disputes.]]> On Behalf of The Loyd Law Firm <![CDATA[5 bad faith practices to watch out for in property damage claims]]> https://www.theloydlawfirm.com/?p=48284 2026-05-26T12:51:52Z 2026-05-26T12:51:52Z Understanding insurance bad faith Insurance bad faith usually occurs when your insurer fails to fulfill its contractual duties to you. Your insurance policy is a binding agreement. As a result, the company must investigate your claim fairly, communicate honestly and pay valid claims promptly. However, some insurers prioritize their own profits over your claim. They may use various tactics to avoid paying what you rightfully deserve. Thus, recognizing these tactics is your first step toward protecting yourself.

Five red flags that signal bad faith

Now that you understand what bad faith means, you can spot it when it happens to you. Watch for these five warning signs during your claim process:
  • Unreasonable claim denials: Your insurer rejects a valid claim without proper explanation or twists policy language to avoid payment.
  • Unwarranted delays: They drag out the investigation or payment process unnecessarily, hoping you'll accept less money out of frustration.
  • Hidden release language: Your insurer includes confusing terms in settlement documents that prevent you from pursuing additional claims for the same damage.
  • Lowballing: They offer you far less than your claim is worth, despite clear evidence of your damages.
  • Inadequate investigation: Your insurer skips important steps, ignores evidence you provide, or rushes through the process unfairly before denying your claim.
These tactics all share one goal: avoiding payment on valid claims. If you notice any of these patterns, you're not imagining things.

Protect your property and your claim

Your insurance policy is a binding contract that creates obligations on both sides. When you notice stalling tactics or unfair treatment, you have every right to question them. You're entitled to fair handling of your claim under the terms you agreed to. In fact, resources exist to help you understand your coverage and explore your options. Remember, standing up for your rights under your policy isn't confrontational. It's simply ensuring you receive what you paid for.]]> On Behalf of The Loyd Law Firm <![CDATA[What happens when a contractor causes damage to your home?]]> https://www.theloydlawfirm.com/?p=48261 2026-04-29T06:29:24Z 2026-04-29T06:29:24Z Legal protections for property owners Texas addresses disputes between homeowners and contractors through several areas of law. The Texas Residential Construction Liability Act, often called the RCLA, focuses on residential construction defect claims and sets out a structured process to resolve issues before a lawsuit begins. The law also recognizes negligence claims. When a contractor does not use reasonable care and that failure leads to harm, a claim may arise based on the contractor’s actions rather than the contract itself.

Steps to take after contractor damage

If you find damage to your home caused by a contractor, the following may help protect your interests:
  • Document the damage thoroughly with photographs, videos and written notes that describe the location and extent of the issue
  • Preserve all contracts, receipts, invoices, text messages and emails related to the project
  • Avoid making repairs on your own before the contractor has had an opportunity to inspect the damage
If the harm is significant, you may also want to obtain an independent inspection from a licensed professional. A third-party assessment can provide an objective record of the problem and the estimated cost of repair.

Insurance and bonds to cover your losses

One of the first questions property owners ask is whether the contractor's insurance will cover the damage. Licensed contractors in Texas typically carry general liability insurance, which may cover certain types of property damage caused during their work. However, coverage depends on the specific terms and exclusions in the contractor's policy. Some contractors also carry surety bonds, which serve as a form of financial protection for the homeowner. A bond does not function the same way as insurance, but it can provide a path to recovering losses if the contractor fails to meet contractual obligations.

Deadlines to pursue a legal claim

Before you can file a lawsuit against a contractor in Texas, the RCLA requires you to send a written demand letter at least 60 days before initiating legal action. This letter must describe the defects in reasonable detail and be sent by certified mail, return receipt requested. The contractor then has the opportunity to inspect the property and respond with a settlement offer. If they offer to repair the damage, you have 25 days to accept or reject that offer. Should you find the offer unreasonable, you must notify the contractor in writing with your reasons. Once you can pursue civil action, you generally have two years for negligence and property damage claims, starting from when you discovered—or should have discovered—the defect . An attorney can assist you with this by evaluating the specific circumstances of your case, drafting the required statutory notices and guiding you throughout the entire process.]]> On Behalf of The Loyd Law Firm <![CDATA[What is the bait-and-switch tactic?]]> https://www.theloydlawfirm.com/?p=48262 2026-04-10T09:43:04Z 2026-04-10T09:43:04Z The illegal nature of a bait-and-switch The Texas Deceptive Trade Practices Act (DTPA) protects you from false trade practices. This law forbids sellers from advertising goods or services with the intent of not selling them as advertised. In bait-and-switch tactics, the bait is the low-priced item that sellers use to lure you into their stores. They make the switch by disparaging the original item or claiming its unavailability, pressuring you into a more expensive purchase.

The red flags you must not ignore

Misleading acts are not always obvious. Some can appear with less suspicion than others. Nevertheless, watch out for these signs:
  • The salesperson refuses to present the advertised product.
  • The salesperson shows a broken or poor-quality version of the bait item to enhance the appeal of the switch item.
  • The salesperson relentlessly pushes for the switch item.
  • The product’s price is too good to be true.
While these are common, it is important to understand that good-faith errors are not necessarily a statutory violation. For instance, a genuine typographical error in an advertisement may not count.

What you can do to remain protected

The DTPA aims to provide a fair market for sellers and consumers. If you think a seller used deceptive acts to get your money, they are in the wrong. While you may file a case against the seller, proving intent in a bait-and-switch sale can be tricky to handle alone. Additionally, you must provide a formal written notice to the person at least 60 days before filing the lawsuit. Seeking legal counsel can help you hold dishonest businesses accountable.]]> On Behalf of The Loyd Law Firm <![CDATA[4 phrases that could kill your insurance settlement in Houston]]> https://www.theloydlawfirm.com/?p=48263 2026-04-09T14:33:48Z 2026-04-09T14:33:48Z As a commercial property owner in Houston, you've already faced the stress of unexpected damage. Now comes the claims process and every word you say to an insurance adjuster counts. Insurance adjusters work for the insurance company, not for you. Hence, what you say and how you say it, can directly affect the size of your payout. To protect your claim, you first need to understand exactly who you are dealing with.

What role does an adjuster play in your payout?

When you file a claim, the insurance company assigns an adjuster to investigate and evaluate your loss. They inspect the damage, verify your policy coverage and calculate your payout based on their findings. Because adjusters control this evaluation, they hold real power over your final settlement.  One inconsistent statement from you can give them grounds to reduce or even deny your claim entirely. With that in mind, here are four specific phrases you should never say during those conversations with your adjusters.

4 phrases that could cost you your settlement

Now that you understand the adjuster's role, it's critical to know what to avoid saying. Some phrases may seem polite or harmless, but they can seriously damage your settlement. Hence, here are four things you should never say to your adjuster:
  • I’m sorry: Texas follows a modified comparative negligence rule. The adjuster can treat even a simple apology as a legal admission of liability, which could reduce or eliminate your ability to collect damages.
  • Sure, you can record this: The law does not require you to provide a recorded statement right away. In fact, adjusters can use these recordings to find inconsistencies in your account, so politely decline and offer to respond in writing instead.
  • That area was already broken, but…:  While honesty is important, raising pre-existing damage carelessly can backfire. The adjuster may use your words to blame your entire loss on old damage and significantly cut your payout.
  • It's not that bad: Adjusters and property owners often miss critical damage during early assessments. If you downplay the damage initially and discover serious structural issues later, the insurer can use your original statement to argue against a larger payout.
Avoiding these phrases protects your claim and keeps the adjuster from using your own words against you. Being fully prepared for the entire process is what truly makes the difference.

Never face the claims process unprepared

These four phrases may seem harmless at the moment, but they can have serious financial consequences for your commercial property claim. Insurance companies train adjusters to know exactly what to listen for during every conversation. The more you prepare before speaking with an adjuster, the better your chances of receiving a fair settlement. Understanding your rights, choosing your words carefully and having the right guidance by your side can make all the difference between a payout that covers your losses and one that falls far short.]]> On Behalf of The Loyd Law Firm <![CDATA[How depreciation affects your Texas insurance property claim]]> https://www.theloydlawfirm.com/?p=48264 2026-04-07T06:39:12Z 2026-04-07T06:39:12Z Recognizing the difference between ACV and RCV Two terms come up repeatedly in Texas property insurance claims: actual cash value (ACV) and replacement cost value (RCV). RCV represents the current cost to repair or replace your damaged property with materials of similar kind and quality, while ACV is that same figure minus depreciation. Depreciation accounts for the age, wear and condition of your property at the time of the loss. A roof installed 10 years ago, for example, has less value than a brand-new one, and your insurer will factor that difference into your initial payout. Most homeowner policies are replacement cost policies, meaning you are entitled to the full RCV once you complete repairs. The initial payment you receive, though, typically reflects only the ACV.

Navigating the laws behind depreciation

Texas imposes specific obligations on insurers handling property claims. Under the Texas Insurance Code, carriers must handle claims fairly and cannot misrepresent the terms of a policy or unreasonably delay payment. Insurers in Texas may apply the holdback to both materials and labor, though the practice of depreciating labor has drawn scrutiny in recent years. Some policyholders and legal professionals have challenged labor depreciation as inconsistent with policy language, arguing that labor does not lose value over time the way physical materials do.

Recovering the depreciation withheld

If you hold a replacement cost policy, you can often recover the amount your insurer held back for depreciation. The process usually involves finishing the repairs, gathering receipts or contractor invoices, and then submitting a supplemental claim for the remaining balance. Many Texas policies set a deadline to request this payment, often between 180 days and two years from the date of loss. If you miss that deadline, you may lose the right to collect the withheld amount. Disputes can also arise when insurers undervalue the original claim or apply excessive depreciation. In those situations, you may need to obtain an independent estimate or request a re-inspection. If the disagreement persists, consulting with an attorney can help clarify your next steps.]]> On Behalf of The Loyd Law Firm <![CDATA[Winter woes: Protect your Texas home from frozen pipe disasters]]> https://www.theloydlawfirm.com/?p=47470 2026-01-26T20:13:51Z 2026-01-26T20:13:51Z Why Texas homes suffer from frozen pipes Winter in Texas often catches homeowners unprepared because the climate is usually mild. Unlike northern states, many Texas homes lack adequate insulation against extreme cold. When temperatures drop suddenly, water inside your pipes freezes. Frozen water expands, creating pressure that can crack or burst pipes. This problem affects thousands of Texas homeowners each winter, especially during sudden cold fronts when temperatures plummet overnight.

Protect your home and strengthen your claim

The damage from a single burst pipe can cost thousands of dollars. Even worse, it can displace you from your home for days or weeks. Consider these preventive tips to protect your property against winter pipe damage:
  • Insulate any pipes exposed in attics, basements and crawl spaces with foam sleeves
  • Keep cabinet or interior doors open and rearrange furniture to better circulate warmer air
  • Open faucets so it drips a little to alleviate pressure buildup in the pipes
  • Know the location of your main water shutoff valve for emergencies
  • Regularly check rarely used spaces with exposed pipes
But if the pipes have already frozen and burst, the best thing to do is to contact a licensed plumber immediately. Take date-stamped photos of any damage for insurance claims, as well, ideally before and after the issue happened.

Swift action is key to saving Texas homes

When winter threatens your property, swift action makes all the difference. Document everything thoroughly if you experience damage, as proper documentation strengthens your claim. Remember that responding quickly to burst pipes limits damage and speeds up recovery. By implementing the preventive measures outlined above, you protect both your property and your financial future from the devastating impact of winter weather disasters.]]> On Behalf of The Loyd Law Firm <![CDATA[How to fight bad faith tactics when insurers cross the line]]> https://www.theloydlawfirm.com/?p=47468 2025-12-19T16:54:38Z 2025-12-19T16:54:38Z Property owners buy insurance to protect their hard-earned investment. Yet after a fire, storm or major loss, some insurance companies delay, deny or underpay claims. These tactics can leave commercial and multi-family property owners feeling abandoned at the worst possible time. In Texas, the law offers protection against unfair insurance conduct when an insurer fails to handle a claim in good faith.

Understanding bad faith insurance practices

Bad faith often shows up through patterns, not one single mistake. Texas law sets clear standards for how insurers must investigate, evaluate and pay claims. The Texas Insurance Code, including Chapter 541.060 outlines unfair settlement practices while Chapter 542.056 (Prompt Payment of Claims Act) provides 15 business days for the decision which may be extended to 30 days if the insurer declares a catastrophe or weather-related event. These statutes require insurance companies to act promptly and honestly. Legal remedies may apply if they fail to do so. Here are some red flags that policyholders need to watch out for:
  • Long delays with no clear explanation
  • Repeated requests for the same documents, trapping property owners in a loop
  • Unreasonable claim denials with insufficient evidence
  • Settlement offers far below repair costs
Once these signs are present, the property owner should start documenting proof of bad faith practices. These written records will show how the insurer handled the claim over time.

What can property owners do to fight these tactics?

Property owners need to start collecting copies of the policy, photos of damage and all communication with the insurer. Clear timelines help show whether delays or shifting explanations occurred. Independent repair estimates may also highlight when an insurer lowballed a claim. At this stage, many owners would rather focus on repairs, so it is helpful to work with an insurance attorney who can handle the process from start to finish.

How the law levels the field

Texas law allows policyholders to pursue damages if the insurer knowingly caused financial harm. Policyholders may recover up to three times the actual damages, with the post-judgment interest rate for December 2025 set at 7%. The penalty for weather-related claims under Texas Insurance Code §542A.007 is 5% plus the judgment rate. Property owners across Texas may feel frustrated about bad faith practices, but having a lawyer to advocate for their rights can turn that frustration into informed action.]]> On Behalf of The Loyd Law Firm <![CDATA[Will insurance pay if a contractor botches repairs?]]> https://www.theloydlawfirm.com/?p=47462 2025-11-28T12:31:14Z 2025-11-28T12:31:14Z Insurance won’t cover the bad repair itself Your policy won’t pay to fix poor workmanship. If a contractor installs something the wrong way, uses substandard materials or skips critical steps, most property and commercial insurance plans list that as an exclusion. Insurers view those mistakes as a business risk, not a covered event, which means you're often left handling the cost of redoing the original work on your own.

It might cover damage caused by the bad repair

Your insurance may still cover the damage caused by that bad work, as long as it's separate from the repair itself. For example, if a faulty roof patch leads to water soaking your walls or damaging your equipment, the resulting water damage might be covered, even if the repair that caused it isn’t. The key is showing that the new damage stems from, but is distinct from, the contractor’s mistake.

Some policies offer extra protection

Special endorsements for faulty workmanship exist, but they’re not standard. Unless you’ve added that coverage ahead of time, your policy likely won’t pay for the defective work itself. These types of endorsements are more common in commercial policies where repair mistakes could trigger larger losses, but you have to ask for them specifically.

If you're stuck with damage, here's what to do next

Start by documenting everything, reading your policy closely and reporting the issue to your insurer right away. If you’re not sure what’s covered or the contractor won’t cooperate, speaking with a lawyer may help you protect your rights and get ahead of the next round of problems. A little guidance now can save you a lot of stress later.]]> On Behalf of The Loyd Law Firm <![CDATA[3 mistakes when filing commercial property claims in Houston]]> https://www.theloydlawfirm.com/?p=47460 2025-10-30T16:06:16Z 2025-10-30T16:06:16Z When hurricane season hits Houston, your commercial property could sustain significant water damages. Imagine needing extensive repairs to keep your business going. So you snap a few photos of your waterlogged building, submit an insurance claim and hope for the best. A few weeks later, your claim gets denied.  Understanding the most common mistakes in filling commercial property claims can save you this heartbreak and thousands of dollars. These critical errors often mean the difference between getting your claim approved or rejected. Hence, learning about them now helps you avoid financial headaches in the future. 

Three common mistakes to avoid

When filing your commercial property claim, be aware of these critical errors that could jeopardize your compensation: 
  • Property neglect: This means failing to prove you maintained your property before damage occurred. Without documented proof of upkeep, adjusters may argue that the damage resulted from neglect rather than a covered event. 
  • No proof of loss: This happens when you submit claims without adequate documentation of damages and their value. You need detailed assessments to justify your request for compensation. 
  • Misjudged findings: This occurs when you skip or provide incomplete information during the adjuster’s investigation. Their assessment determines what gets covered and how much compensation you can receive. 
These three mistakes in filing your claims are often the result of inadequate preparation and documentation. By avoiding them, you position yourself towards a fair settlement that actually covers your losses. 

How legal counsel can help

Navigating commercial property claims can be so much easier when you have legal guidance from an experienced professional. Insurance companies usually have a team of lawyers who protect their interests. Thus, you deserve the same level of protection.  Don’t let these common mistakes cost you the settlement you deserve. Consider reaching out to legal professionals to help you navigate this complex process and secure your business’s financial future.]]>