Johnston Tobey Baruch Managing Shareholder Comments on a Texas Court Ordering Insurer to Pay Legal Fees Over Denied Claim

WFAA recently featured Chad Baruch of the Johnston Tobey Baruch law firm, who represented a family that secured a legal victory against their insurance company after a long dispute over a denied $4,303 water damage claim.  

Despite the insurer arguing the jury’s damage award was too low for a payout, the court forced the company to cover the legal costs, setting a precedent against insurers denying smaller claims. 

This ruling emerges amid a trend where roughly 47% of Texas homeowner claims were closed without payment in 2023. While industry critics warn this could increase litigation costs, consumer advocates believe it strengthens policyholders’ ability to fight wrongful denials.  

“The jury question that had been submitted really wasn’t entirely clear. You could sort of read it two ways. One way you could see a possibility where maybe the jury didn’t consider the deductible. But there also was a way to read it where the jury did…the jury took the deductible into account, subtracted it from the amount of the damages incurred, and then made the award to the homeowners.” 

Watch the full story here. 

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