Law360 reporter Elizabeth Daley recently highlighted an important Gravely PC win at the Texas Supreme Court on behalf of a Dallas condominium that has been fighting its insurance carriers over a hail damage claim denial.

On March 10, 2022, Texas Supreme Court denied a request by Landmark American Insurance Co., its adjuster Vericlaim Inc. and the adjuster’s employee, Jason Roberts Keen, to reverse a Texas appellate court’s earlier opinion in favor of the Richland Trace Owners Association. The dispute is now headed back to the trial court. At issue is Richland Terrace’s claim that it had suffered hail damage on two occasions but the appraisal award included damages for only one of those events.

Two policies are in question in the lawsuit: one for 2016 and another for 2017. The lower appellate court concluded that the appraisal award was determined solely based on the terms of the 2017 policy.

Writes Law360: The earlier storm, which hit in March 2016, caused millions in damage, Marc Gravely, counsel for Richland Trace, told Law360. He said Landmark failed to honor even basic discovery on the claim file and was very aggressive in seeking a case dismissal.

“If we uncover the evidence we think is there, this will be one of the worst cases of bad faith I have ever seen by an insurance company,” Gravely said.

He said the insurance company in this case “had directed its lawyers not to turn over the claims files and associated documents. Now they are going to have to turn over what they have tried to keep secret for so many years.”

“We believe the insurance company had full knowledge of the prior loss,” he added.

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