Conchin, Cole, Jordan & Sherrod
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The April 2011 tornadoes that swept across the State of Alabama caused millions of dollars in property damage. In the wake of the destruction, insurance companies did not want to pay for their insured’s damages. Gary Conchin and Kenny Cole represented the owners of a 1,200-unit apartment complex that houses thousands of University of Alabama students. The apartment complex’s insurance company disputed that our client’s damages were caused by the tornado. After four days of presenting evidence to the jury in a Tuscaloosa federal court, Gary and Kenny were able to obtain a jury verdict in the amount of $1,822,000.
$900,000 settlement for a Lawrence County couple against their homeowner’s insurance company, which underpaid them for the fire damage to their residence and their personal property. The insurance company also treated them unfairly with regard to alternative dwelling expenses. There was a provision in the policy providing full and reasonable accommodation while they were unable to move back into the home during the repair process. The settlement was over three times the insurance coverage amount because of the misconduct alleged. This case was filed and handled to conclusion in the Federal Court in the Northern District of Alabama. Gary V. Conchin handled the case.
Kenny Cole represented a family who lost their loved one to a habitual drunk driver in a high-speed head-on collision. There was no settlement offer, so Kenny tried the case. The verdict was in favor of Kenny’s clients in the amount of $10 million.
Huntsville injury lawyer, Kenny Cole, represented the family of a man who was killed when an 18-wheeler driver fell asleep at the wheel. Kenny uncovered evidence that the trucking company required its drivers to violate the hours of service regulations. This created the deadly situation of sleep-deprived employees driving monstrous pieces of machinery on our highways. The company was sacrificing safety for profits. Just before trial, the company paid $10.8 million and agreed to change its safety procedures.
$433,899 settlement against an insurance company that provided coverage for a restaurant in Auburn, Alabama. The insurance carrier previously paid a smaller amount but did not pay for all the damages. The case was handled by Gary V. Conchin.
$250,000 settlement for a Cullman business that sustained tornado damage, including significant roofing damage. Its insurer refused to pay. Allegations were breach of contract and bad faith. The case was handled by Gary V. Conchin.
Madison has grown significantly in recent years, with established neighborhoods alongside expanding residential and commercial areas. The city’s major corridors, including Highway 72, County Line Road, Old Madison Pike, Madison Boulevard, and the I-565 corridor, connect residential properties, businesses, construction areas, and commuters throughout the region.
That means property damage can happen in many different circumstances. A collision on a busy roadway can damage your vehicle or even cause a vehicle to strike your home. A severe storm can damage a roof, siding, windows, fencing, or other structures. A fallen tree, fire, water intrusion, or another person’s negligence can leave you facing substantial repair and replacement costs.
Madison’s continued development also means that construction activity, commercial properties, residential subdivisions, and established neighborhoods can exist in close proximity. When damage occurs, determining who is responsible and which insurance policy should respond can become complicated.
Property damage claims can involve both physical damage and disputes over insurance coverage or the amount of compensation available.
| Type of Damage | Examples of Potential Issues |
|---|---|
Residential property damage
|
Roof damage, storm damage, fire, water damage, structural damage, damaged personal belongings |
Vehicle damage
| Collision damage, hit-and-run damage, a vehicle striking a building, uninsured or underinsured drivers |
Storm and tornado damage
| Wind damage, fallen trees, damaged roofs, windows, fences, detached structures and other property |
Fire damage
| Structural damage, smoke damage, personal property losses and additional living expenses |
Water damage
| Damage caused by covered events, resulting property loss, disputes over the source or extent of damage |
Third-party property damage
| Damage caused by another driver, business, contractor, property owner or other responsible party |
Business property damage
| Damage to commercial buildings, equipment, inventory or other business property |
Whether a particular loss is covered depends on the facts, the applicable insurance policy, and the circumstances surrounding the damage.
Filing a property damage claim does not always mean the insurance company will simply pay whatever it costs to restore your property.
An insurer may:
When the amount at stake is significant, accepting an initial settlement without understanding what it covers can create problems later. An attorney can review the circumstances of the loss, the available documentation, and the applicable insurance coverage to help determine how to proceed.
Severe weather can produce extensive property damage in North Alabama. A major storm may affect several parts of a Madison property at once, leaving homeowners dealing with roof damage, broken windows, fallen trees, water intrusion, fencing damage, and damage to personal belongings.
After a storm or other disaster, it is important to document the condition of your property before making unnecessary repairs. Photographs and videos can help establish the extent of the damage. Receipts, repair estimates, temporary lodging expenses, emergency repairs, and other documentation may also be important when presenting an insurance claim.
The firm’s North Alabama property damage attorneys have experience handling disputes involving fire, tornado, and severe weather damage.
The steps you take immediately after property damage can affect your ability to document and pursue your claim.
Address immediate safety concerns first. If the property is unsafe, leave the area and follow appropriate emergency instructions.
When it is reasonably safe to do so, take practical steps to prevent additional damage. This may include covering openings, addressing a damaged roof, securing personal property, or arranging necessary emergency services.
Take photographs and video of the damage from multiple angles. Preserve damaged property when practical and keep receipts for reasonable expenses associated with protecting the property or arranging temporary accommodations.
Notify the appropriate insurance company and follow the notice requirements in your policy. For a collision or suspected intentional property damage, a police report may also provide important documentation.
Before accepting a settlement, make sure you understand what damage and expenses it is intended to cover. A settlement that looks adequate at first may not account for all of the repairs, replacement costs, or other losses associated with the incident.
You may benefit from speaking with a property damage attorney when an insurer denies your claim, disputes the extent of the damage, or offers substantially less than what you believe is necessary to restore your property.
Property damage can put your finances, your home, and your ability to move forward under significant pressure. You do not necessarily have to handle an insurance dispute on your own.
Conchin, Cole, Jordan & Sherrod will review the circumstances surrounding your property damage and explain your legal options.
Contact our Madison-area property damage attorneys today to schedule a free consultation.
Call (256) 705-7777 or complete our online contact form to get started.
Not every denied claim requires litigation, but a denial can be a reason to have an attorney review the situation—especially when the amount of damage is substantial or you believe the insurer incorrectly interpreted the policy. An attorney can review the circumstances, available evidence, and coverage and explain what options may be available.
Yes. You are not necessarily required to accept an insurance company’s initial settlement offer. If the amount offered does not reasonably account for covered damage or other applicable losses, an attorney can review the claim and help determine whether additional compensation should be pursued.
First, address immediate safety concerns and take reasonable steps to prevent additional damage. Then document the damage with photographs and video, notify your insurance company according to your policy, and keep records of repair estimates and expenses. Avoid making permanent repairs that could unnecessarily destroy evidence of the original condition unless they are necessary to protect people or the property.
There is not one universal deadline for every property damage dispute. The applicable deadline can depend on whether the claim involves negligence, an insurance contract, another type of agreement, or other legal circumstances. Insurance policies can also contain their own requirements and deadlines. Because missing an applicable deadline can affect your ability to pursue a claim, it is best to have your specific situation reviewed promptly. Alabama law contains different statutes of limitation for different categories of civil claims.
We had a really hard case. We called around and it seemed like the lawyers that are out there just want easy money. This was not the case with Mr. Jordan. He worked hard and went over every obstacle not to give up and in the end he won - he deserved it. Want someone to fight for you this is the law firm.
Best experience! I had a complicated case others were hesitant to pursue. Brent was not only patient with me/my concerns/questions, but he validated my experience while giving objective/big picture counsel. He was well equipped to handle the case complexities, provided timely updates and communication, and gave great advice/options throughout. I had full trust in him, which these days is a RARE find. 10/10 recommend!
By far the best attorney amongst the many. Highly recommend to anyone seeking help with their issues.
Mr. Conchin handled my case with professionalism and kept me updated as best and as soon as he could. I appreciate his services
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