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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

Roof Damage Wrangle Blows into Suit Against ACE Unit

October 6th, 2014 - A Texas homeowner has sued Bankers Standard Insurance Co. after it allegedly offered her 1/200th of the money she believes is due to her for insured wind and hail damages.

Karen Misko said she had purchased a “platinum portfolio” homeowners’ policy from the ACE Group unit that took effect for a one-year period beginning May 21st, 2012.

While the policy was in place, Misko said that a wind and hail storm damaged the roof, windows and garage door of her Plano, Texas, dwelling. She said she made a timely notification of the loss to the insurer.

Misko said that during the claim-adjusting period, Bankers Standard made several misrepresentations to her “in hopes that she would abandon it.” Among her complaints were that the company had fully investigated the claim, and that it was not liable to repair the roof because it had been improperly installed. The insurer also said that it was entitled to repair a part of the roof with un-matching shingles that were not of like quality.

Bankers Standard sent Misko a check for $1,136, which was to pay for its portion of the damages less a $10,000 deductible.

At that point, Misko hired independent engineers who she said determined that the home’s roof was a total loss and could not – as Bankers Standard alleged – be simply repaired. She said she obtained reports that pegged the value of her loss at more than $200,000.

During this period, Misko put her home up for sale. But she said the condition of the roof has prevented it from being sold or leased, and this is due to Bankers Standard’s refusal to honor its commitment to her.

So now Misko has sued the insurer in U.S. District Court in Dallas. She contends that the company has violated Texas insurance and deceptive practices regulations and has asked for actual and punitive damages.

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