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Insurance Bad Faith

Storm & Property Damage Claims

Oklahoma homeowners know storms. Tornadoes, hail, and wind cause real damage that deserves real compensation. When your insurer lowballs your claim, blames "pre-existing conditions," or delays for months, we fight back.

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Key Takeaways

  • Oklahoma = high storm risk: Insurers aggressively fight claims to protect their bottom line
  • Get independent estimates: Insurer adjusters systematically undervalue storm damage
  • Document everything: Photos, videos, and weather reports prove your claim
  • Bad faith damages available: Beyond policy limits if insurer acts unreasonably

Storm Damage in Oklahoma

Living in Tornado Alley means Oklahoma homeowners face some of the most severe weather in the nation. Unfortunately, it also means dealing with insurers who have developed sophisticated tactics to minimize storm damage payouts.

Hail Damage

Oklahoma ranks among the top states for hail damage claims. Roofs, siding, vehicles, and outdoor equipment regularly sustain damage from hailstorms.

Wind & Tornado

Straight-line winds, microbursts, and tornadoes cause structural damage, roof damage, and debris impacts throughout the state.

Secondary Damage

Water intrusion after roof damage, mold growth, and delayed repairs that worsen when insurers delay claims.

How Insurers Underpay Storm Claims

Insurance companies have refined their tactics for minimizing storm damage payouts. Recognizing these patterns helps you fight back:

The 'Pre-Existing Damage' Defense

Blaming damage on age, wear, or prior storms rather than the covered event. They'll say your 10-year-old roof was 'already deteriorated.'

Excessive Depreciation

Over-applying depreciation to reduce ACV payments, or refusing to pay recoverable depreciation on replacement cost policies.

Preferred Vendor Lowballing

Using in-network contractors who consistently estimate repairs at 50-60% of market rates, then refusing to cover the actual repair cost.

Scope Disputes

Claiming only half the roof was damaged when the whole roof needs replacement, or missing damage to gutters, windows, and siding.

Post-Storm Delays

After major storms, claiming they're 'overwhelmed' while your roof leaks and damage worsens—then blaming the new damage on your 'failure to mitigate.'

Policy Misrepresentation

Wrongly claiming damage is excluded, misinterpreting deductibles, or not explaining that you're entitled to recoverable depreciation.

What To Do After Storm Damage

Protect yourself and your claim with these steps:

Document Everything

  • Photo and video all damage before any repairs
  • Keep samples of damaged materials
  • Note the date and time of the storm
  • Save weather reports for your area

Secure Your Property

  • Make temporary repairs to prevent further damage
  • Keep receipts for all temporary repairs
  • Don't make permanent repairs until claim is resolved
  • Don't throw away damaged materials

Get Independent Estimates

  • Hire licensed contractors for repair estimates
  • Consider a public adjuster for large losses
  • Document the gap between insurer and contractor estimates
  • Get at least 2-3 independent opinions

Protect Your Rights

  • Don't sign anything without understanding it
  • Log all communications with your insurer
  • Request denials and estimates in writing
  • Consult an attorney if the insurer lowballs or delays

Other Types of Bad Faith Claims

First-Party Bad FaithThird-Party Bad FaithUM/UIM Bad FaithDelay & Denial TacticsHealth Insurance Bad FaithInsurance Bad Faith Overview

Frequently Asked Questions

Oklahoma is in 'Tornado Alley,' meaning insurers face massive exposure from storm claims. Many have adopted aggressive claims practices to minimize payouts: using preferred adjusters who consistently undervalue damage, citing 'pre-existing' wear and tear, applying unreasonable depreciation, or simply denying claims hoping homeowners won't fight back. When these tactics cross the line into unreasonable conduct, it's bad faith.
It can be. Insurance companies often blame damage on prior wear, age, or maintenance issues rather than the storm. If your roof was functional before the storm and damaged after, that's covered damage—regardless of age. We bring roofing experts who document storm damage patterns (hail hits, wind uplift) versus normal wear, proving the damage is covered.
Depreciation reduces your payout based on the age of damaged items. Some policies pay 'actual cash value' (replacement cost minus depreciation); others are 'replacement cost' policies where you get depreciation back after repairs. Insurers sometimes over-depreciate or apply depreciation to items that shouldn't be depreciated (like labor). Review your policy and challenge unfair depreciation.
Not necessarily. Insurance adjusters often use software that undervalues repairs or miss damage entirely. Get independent estimates from licensed contractors. If the gap between your contractor's estimate and the insurer's offer is significant, that's evidence the insurer isn't properly evaluating your claim. We regularly see 2-3x differences between insurer estimates and actual repair costs.
Standard Oklahoma homeowners policies typically cover: wind damage, hail damage, lightning strikes, tornado damage, and damage from falling trees. They usually exclude flood damage (requires separate policy). Coverage includes the structure, roof, siding, windows, outbuildings, and sometimes landscaping. Read your specific policy—coverage varies.
Most policies require prompt notice of loss—typically within 30-60 days of the storm. The statute of limitations for contract claims (including policy benefits) is 5 years, but you should file as soon as possible. For bad faith claims arising from claim handling, the 2-year tort limitation applies. Document the damage immediately and file promptly.
No. Insurance company adjusters work for the insurer, not you. Their incentive is to minimize payouts. You have the right to get independent estimates and to hire a public adjuster to evaluate your damage. If the insurer refuses to consider independent assessments, that conduct can support a bad faith claim.
Document everything: photos of all damage from multiple angles, video walkthroughs, samples of damaged materials, contractor estimates, receipts for temporary repairs, communications with your insurer (save every email, log every call), weather reports proving the storm affected your area, and records of any previous damage (to counter 'pre-existing' claims).
Oklahoma doesn't have a general rule awarding attorney fees in bad faith cases, but fees can sometimes be recovered as part of punitive damages or under specific policy provisions. More importantly, our contingency fee structure means you pay nothing unless we recover. The potential damages in bad faith cases—including uncapped punitive damages—far exceed what you'd lose to fees.
Unreasonable delay is a classic bad faith tactic, especially after major storms when insurers are overwhelmed. Oklahoma's Unfair Claims Settlement Practices Act (36 O.S. § 1250.5) requires insurers to acknowledge claims within specified timeframes. If your insurer is stonewalling—not returning calls, 'still reviewing' for months, or constantly requesting more documentation—that delay may be actionable bad faith.

Don't Let Your Insurer Weather the Storm at Your Expense

Oklahoma storms cause real damage. You deserve real compensation—not lowball offers and delay tactics. We fight for homeowners whose claims have been wrongfully denied or underpaid.

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