Hurricanes, tropical storms, and high-powered gusts leave more than just structural damage in their wake; they create financial chaos when insurance companies refuse to pay what’s fair. If your home or business was damaged by wind and you’re facing claim delays, denials, or underpayments, a Houston windstorm damage attorney at Daly & Black, P.C. is ready to fight for you.
We help property owners take control of their claims and pursue the full compensation they’re entitled to. Contact Daly & Black today for a free consultation today.
Texas Weather Risks & The Growing Need for Windstorm Claim Representation
Texas leads the nation in weather-related property damage. From hurricanes and derechos to hailstorms, high-wind events, and widespread flooding, the state consistently ranks at the top for severe weather losses. According to NOAA, Texas has faced 190 billion-dollar disasters since 1980, totaling between $300 billion and $440 billion in damages. While these figures cover all types of catastrophic weather events, not just wind, they paint a clear picture: no state in the country is more vulnerable to severe weather than Texas.
This reality makes windstorm coverage essential. Yet even when homeowners invest in protection, insurers often refuse to pay. Nearly half of all homeowners insurance claims in Texas are now closed without payment, leaving policyholders stuck with repair costs they shouldn’t have to shoulder. Insurers routinely deny valid claims by invoking fine-print exclusions, disputing repair estimates, or dragging out the process until homeowners give up.
That’s why working with a windstorm damage attorney is no longer optional for many property owners; it’s a necessity. Daly & Black, P.C. helps Houston homeowners enforce their policies and demand the full compensation they’re owed after wind damage.
Does Homeowner’s Insurance Cover Windstorm Damage?
Standard homeowners insurance typically includes windstorm damage coverage. However, if you live along the Texas Gulf Coast or in one of the 14 designated high-risk counties, you are often required to purchase separate wind and hail coverage through the Texas Windstorm Insurance Association (TWIA).
This separate policy requirement is common in coastal regions because traditional insurers frequently exclude windstorm damage from standard homeowner policies in these areas.
TWIA Eligibility—What You Need to Qualify
To obtain TWIA coverage, your property must meet specific criteria:
- The property must be located in one of the 14 first-tier coastal counties or in parts of Harris County east of Highway 146.
- You must have been denied windstorm coverage by at least one private insurer operating in your area.
- The property must meet current windstorm building codes and receive a valid WPI-8 Certificate of Compliance.
- If your property is in a high-risk flood zone (V, VE, or V1-30) and was built or significantly modified after 2009, you must have an active National Flood Insurance Program (NFIP) policy.
- The property must be in good repair and free of any pre-existing damage.
For properties outside the TWIA zones, Houston-area policies may still have special conditions, including:
- Separate Windstorm Deductibles: Often higher than standard deductibles, sometimes based on a percentage of your home’s value.
- Coverage Limitations: Some policies exclude wind damage altogether, especially in high-risk coastal areas.
- Endorsements or Riders: You may need additional policies or endorsements to cover full windstorm losses.
Our attorneys review your policy to identify exactly what you’re owed and where insurers may try to cut corners.
Why Windstorm Damage Claims Get Denied or Underpaid
After a storm, you might expect your insurance company to cover your losses fairly. Unfortunately, that’s not always the case. Many policyholders face lowball settlement offers or outright denials, not because the damage isn’t real, but because insurance companies are primarily driven by profit. Denying or minimizing claims protects their bottom line, even when it comes at the expense of homeowners who paid for coverage in good faith.
Under Texas Insurance Code § 541.060, insurers are required to act in good faith by promptly, fairly, and equitably settling claims once liability is reasonably clear. Misrepresenting policy terms, delaying payment without cause, or failing to conduct a proper investigation are considered violations of this statute. Additionally, the Texas Prompt Payment of Claims Act (§ 542.055–.060) imposes strict deadlines for insurers to acknowledge, investigate, and pay valid claims, with penalties for noncompliance.
Common insurance company tactics include:
- Claiming the roof was old or already in poor condition.
- Using biased adjusters to undervalue repairs.
- Saying damage came from wear and tear, not the storm.
- Hoping you’ll give up or settle for less.
Daly & Black doesn’t tolerate these tactics. We confront insurers head-on to secure the compensation you’re owed.
How Daly & Black Helps With Windstorm Damage Claims
At Daly & Black, P.C., we use a systematic, aggressive approach to handle windstorm insurance disputes.
Policy Review and Case Assessment
We start by analyzing your insurance policy line by line. Our team pinpoints exactly what your policy covers and prepares for any arguments the insurance company might make.
Independent Damage Evaluation
We don’t rely on the insurer’s adjuster. We bring in trusted engineers, roofing experts, and independent adjusters to document the full extent of your windstorm damage, so you have solid evidence on your side.
Negotiation and Litigation
We negotiate fiercely to get you a fair settlement. If the insurance company won’t play fair, we’re ready to file suit and take the case to court. Our litigation team prepares from day one.
Keeping You Informed
With Daly & Black, you’re never left guessing. We provide regular updates and explain your options clearly every step of the way.
Immediate Steps to Take After Windstorm Damage
The actions you take right after a storm can make or break your claim. Here’s how to protect yourself:
- Document Everything: Take photos and videos of all damage, both inside and outside your property.
- Create an Inventory: List every damaged item, including brand names, serial numbers, and estimated values.
- Secure Your Property: Use tarps or temporary repairs to prevent further loss—but don’t begin permanent repairs without insurer approval.
- Get Weather Documentation: Obtain local weather reports to confirm the storm’s impact on your area.
- Call Daly & Black: We help you avoid mistakes that could jeopardize your claim.
Statute of Limitations: Don’t Miss Your Window
In Texas, you generally have two years from the date of the windstorm damage to file a lawsuit against your insurer. (Tex. Civ. Prac. & Rem. Code § 16.003)
This statute of limitations exists to encourage timely resolution of insurance disputes and prevent evidence from fading over time. However, two years can pass quickly when you’re dealing with repairs, inspections, and back-and-forth negotiations with your insurer. Many policyholders mistakenly believe they have plenty of time, only to find themselves nearing the deadline without a fair settlement.
Once this window closes, your right to legal action is permanently lost, regardless of how valid your claim may be. That’s why it’s critical to involve a legal team early. At Daly & Black, we ensure your claim is positioned for success long before the clock runs out.
FAQ
Does homeowner’s insurance cover windstorm damage in Houston?
Most homeowner’s policies do cover windstorm damage, but exclusions and special deductibles often apply in Houston. Our legal team reviews your policy to help you understand exactly what coverage you have.
What should I do if my windstorm damage claim is denied or underpaid?
Don’t accept the insurer’s decision without a fight. Call a Houston windstorm damage attorney at Daly & Black. We’ll review your case, gather independent evidence, and pursue the compensation you deserve.
How soon should I file a windstorm damage insurance claim in Houston?
File your claim as soon as possible after the storm, but consult with a lawyer before agreeing to any settlement. The legal deadline to file a lawsuit is typically two years from the date of the damage.
Don’t Let the Insurance Company Undervalue Your Windstorm Loss
When Houston’s winds leave your property damaged, your insurance company should pay what they promised. If they won’t, Daly & Black, P.C. is ready to fight for every dollar owed under the policy you have paid for.
Our team is ALL IN. ALL THE TIME. for property owners facing windstorm insurance disputes.Call Daly & Black Today to Schedule Your FREE Windstorm Damage Claim Consultation