The first report of golf ball-sized hail came into the Hidalgo County sheriff’s office at 5:20 p.m. on April 20, 2012. Within minutes, another report arrived of baseball-sized hail in Mission, with the winds blowing 50 miles per hour. Over the next 20 minutes, drivers tried to crowd their cars under business awnings. Windows were shattered. Hail knocked holes in rooftops. Unfortunate animals were beaten to death. The storm was a second wallop for the Lower Rio Grande Valley as it recovered from a similar storm a month earlier. The McAllen Monitor reported that the insurance industry paid out $556 million in claims to homeowners and another $47 million to vehicle owners.
Then the lawsuits began. There were thousands of lawsuits against insurance companies and adjusters, alleging low-ball payments on claims. These lawsuits led to Senate Bill 1628 by Senator Larry Taylor of Friendswood currently on the Intent Calendar for possible debate as early as today.
This legislation has pitted tort reform groups representing the insurance industry against the trial lawyers in what has become a biennial legislative rivalry. What makes this fight different this year is that there are major Texas businesses taking the trial lawyers’ side of the argument: car dealerships with vulnerable inventories of vehicles on open lots, Trammel Crow Residential, Centex Homes, Sovereign Bank and La Quinta Inns & Suites.
“My business clients have no interest in pursuing frivolous claims nor do they ever wish to engage in lawsuit abuse. However, they do expect the legislature to protect their interests against insurance companies which unfairly deny or delay legitimate claims,” wrote Dallas Haynes and Boone lawyer Ernest Martin Jr. in a letter delivered to senators last week on behalf of the businesses. Martin said his clients are worried about the “unintended consequences of a bill that does much more harm to business interests than it does to curb perceived abused in a single category of hailstorm claims.”