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Hail Damage Insurance Claim Denied in Arkansas? Here's What You Can Do

Thu, 02 Apr 2026 20:34:23 GMT

A Guide to Your Legal Rights After a Hail Damage Denial

Arkansas homeowners file thousands of hail damage roof claims every year, and too many of them are wrongfully denied, delayed, or drastically underpaid. If your hail damage insurance claim was denied in Arkansas , you still have options. Arkansas law provides strong protections for homeowners whose insurers fail to pay what they owe, including a financial penalty, attorney's fees, and additional damages for bad faith.

At Lovell, Nalley & Nalley, we have been fighting for Arkansas homeowners and families for more than 40 years. This guide explains why insurance companies deny claims in the first place, what rights you have as a policyholder, and what to do after a denial.

Why Do Insurance Companies Deny Hail Damage Roof Claims in Arkansas?

When an insurance company denies a hail damage claim, it typically relies on one of several standard tactics. Recognizing them is the first step toward fighting back.

"It's just wear and tear." This is the most common reason insurers cite. Adjusters blame granule loss, bruising, and shingle damage on normal aging rather than storm impact, even when a significant hailstorm hit your neighborhood. Under Arkansas law, wear and tear is a condition, not a reason to deny coverage for storm-related damage on top of it.

"The damage is cosmetic only." Insurers increasingly argue that dented or bruised shingles do not affect the function of the roof. Whether damage is cosmetic or functional is genuinely disputed in many cases, and it almost always takes an independent roofing professional to counter the insurer's position.

"You reported it too late." The lesson here is simple: report your claim to your insurer as soon as you notice any damage, even before you know the full cause. In a 2023 federal court decision, First Baptist Church v. Zurich American Insurance Co ., the court ruled against a policyholder whose roof leaked beginning in 2016 but who did not file a claim until 2022 after learning hail was the cause. The court held that the clock started when the damage was discovered, not when the cause was identified.

Low or Incomplete Estimates. Even accepted claims are often underpaid. Insurance company estimating software consistently undervalues labor and materials and leaves out related items like gutters, skylights, flashing, and interior water damage.

Actual Cash Value vs. Replacement Cost disputes. Insurers may pay only the depreciated value of your roof (called Actual Cash Value) rather than the full cost to replace it, leaving homeowners tens of thousands of dollars short.

What Arkansas Law Gives Homeowners

Your Policy Is a Contract

An Arkansas homeowner's insurance policy is a legally binding contract. When your insurer accepts your premiums and then refuses to honor a covered loss, that is a breach of contract . The deadline to file a breach of contract lawsuit in Arkansas is five years under Ark. Code Ann. § 16-56-111 , meaning the clock starts when your claim is denied, not when the storm occurred.

Your Legal Options as a Policyholder

When you file a claim under your own homeowner's policy, that is called a first party insurance claim . Arkansas law gives homeowners several ways to pursue first party claims against their insurers:

1. Breach of Contract

The foundation of every denied claim case is the contract itself. If coverage existed and your insurer refused to pay, you are entitled to the full amount owed under your policy, plus additional losses caused by their failure to pay.

2. The 12% Penalty Statute, A.C.A. § 23-79-208

This is one of the most important protections for any Arkansas homeowner with a denied hail damage claim. Under this statute, if an insurer fails to pay a covered loss within the time specified in your policy after a proper demand, it is required to pay:

• 12% of the amount of the loss as a penalty, on top of the underlying claim amount, and

• All reasonable attorney's fees incurred in pursuing the claim.

This statute does not require proof of bad intent. If coverage existed and the insurer failed to pay on time, the 12% penalty and attorney's fees apply. This provision makes it financially realistic to hire an experienced Arkansas insurance attorney, even on a residential roof claim, because the insurer covers your legal fees if you win.

3. Bad Faith

Arkansas recognizes a legal claim against your own insurance company for bad faith when an insurer deliberately tries to avoid paying what it owes. To succeed on a bad faith claim, a homeowner must show:

The homeowner suffered real losses;
The insurer acted in bad faith through dishonest, malicious, or oppressive conduct to avoid its obligation; and
That wrongful conduct was the reason the homeowner suffered those losses.

Arkansas courts have held that bad faith is not established by a simple denial or a good-faith disagreement over value. The standard requires deliberate wrongdoing , meaning conduct driven by dishonesty or an intent to deprive the insured of what they are owed. However, deliberately ignoring clear evidence of covered damage can also meet this standard.

When bad faith is proven, homeowners may recover payment for their actual losses and, in serious cases, punitive damages . Punitive damages serve as a deterrent against insurance companies that profit by systematically denying legitimate Arkansas hail damage claims.

What Arkansas Homeowners Should Do After a Denial

Report immediately. Arkansas courts have held that the clock starts when you discover damage, not when you identify the cause. Notify your insurer promptly any time you suspect weather damage.

Document everything. Photograph your roof, gutters, siding, and any interior damage from every angle. Keep written records of all communications with your insurance company.

Get an independent inspection. Do not rely solely on the insurer's adjuster. Hire a licensed roofing contractor to inspect your roof and provide a detailed written estimate that distinguishes storm damage from any pre-existing conditions.

Request the full claim file. You have the right to receive the insurer's written denial explanation, adjuster notes, photographs, and all reports. If your insurer cannot point to a specific policy reason for denying your claim, that itself is a problem.

File a complaint if warranted. The Arkansas Department of Insurance accepts complaints against insurers. A formal complaint invites regulatory scrutiny and signals to the insurer that you are serious.

Talk to an attorney before accepting a lowball settlement. Once you cash an insurer's check, you may be giving up your right to pursue the difference. Talk to an attorney before accepting any partial payment as "full and final" settlement of your claim.

Frequently Asked Questions: Hail Damage Claims in Arkansas

How long do I have to sue my insurance company in Arkansas?

Generally five years from the date of denial under Arkansas's breach of contract statute of limitations. However, your policy may contain shorter notice requirements. Do not wait.

Does Arkansas law require my insurer to pay my attorney's fees?

Yes. If you win under A.C.A. § 23-79-208, the insurer must pay your reasonable attorney's fees in addition to the 12% penalty.

Can I recover additional damages for a denied hail damage claim?

Yes, if you can establish that the insurer acted with the level of deliberate wrongdoing required for a bad faith finding under Arkansas law.

My insurer says my roof damage is "cosmetic." What can I do?

Cosmetic vs. functional damage is one of the most contested issues in Arkansas hail damage cases. An independent roofing expert who can document that the damage affects the roof's ability to shed water, protect the structure, and reach its expected lifespan is often essential to overcoming this defense.

My claim was underpaid, not fully denied. Do I still have a case?

Yes. Systematic underpayment is just as actionable as an outright denial. The 12% penalty statute and bad faith claims apply to underpayment the same way they apply to a full denial.

What Happens If You Die Without a Will in Arkansas?

Wed, 18 Feb 2026 17:12:30 GMT

What Happens If You Die Without a Will in Arkansas?

In Arkansas, dying without a will means your property is distributed according to state intestate succession laws. Your spouse and children typically inherit first, but the exact percentages depend on your family situation. This process is often slower and more expensive than probate with a will, and you lose control over who gets what.

Everyone should do some estate planning, whether a simple will or something more involved such as revocable or irrevocable trusts. This way, you can determine how you would like your property and assets distributed when you die.

But what happens to your property in Arkansas if you die without a will, trust, or other means of disposing of your estate?

Losing a loved one is difficult enough without navigating complex legal processes. If someone dies without a will in Arkansas, their estate enters "intestate succession"—a process governed entirely by state law rather than the deceased person's wishes.

What Does "Dying Intestate" Mean?

Dying intestate means dying without a valid will. When this happens in Arkansas, current state law determines who receives your property, not your wishes. Whether you live in Little Rock, Fayetteville, Jonesboro, or anywhere else in Arkansas, these same laws apply.

Who Inherits When There's No Will?

After the surviving spouse's rights are satisfied, the estate passes according to Arkansas Code § 28-9-214 , subject to certain spousal rights and allowances.

The law looks first to see if there are Descendants (children, grandchildren, etc.).

If no Descendants, surviving spouses have rights, which vary depending on the length of the marriage.

Parents of the deceased may also have rights if there are no descendants or spouse.

Thereafter, siblings and more distant relatives may inherit.

Important Notes:

Stepchildren do NOT inherit unless legally adopted
Adopted children have the same rights as biological children
Children born out of wedlock can inherit from mother automatically; from father if paternity is established by court order, the father acknowledges paternity in writing, the parents marry, or other conditions under Arkansas law are met ( Arkansas Code § 28-9-209 )

What Common Mistakes Should You Avoid?

Assuming your spouse gets everything - Not true if there are children or the marriage is under 3 years
Forgetting stepchildren don't inherit - Only legally adopted children have rights
Not updating beneficiary designations - Your ex-spouse could inherit your 401(k) if beneficiary designations are not updated
Thinking you don't need a will because your estate is small - Even modest estates cause family conflict
Delaying estate planning - "I'll do it next year" often becomes never

With a Will vs. Without a Will

What You Should Do:

If you don't have a will:

Schedule a consultation with an estate planning attorney
Make a list of your assets and who you want to inherit them
Consider who should manage your estate
If you have minor children, decide who should be their guardian

If you're dealing with an intestate estate:

Consult with a probate attorney immediately
Locate and secure all estate documents
Do not distribute any assets before consulting an attorney
File the probate petition promptly (time limits apply)

Don't leave your family's future to chance. Take control of your estate planning today.

Frequently Asked Questions

How long does probate take without a will in Arkansas?

Typically 6-12 months, though complex estates can take longer.

Do I need a lawyer if someone dies without a will?

While not legally required, an attorney is highly recommended to navigate Arkansas probate court procedures and ensure proper asset distribution.

What if I can't afford a will?

Basic wills are surprisingly affordable and far less expensive than the extra costs of intestate probate.

Take Control of Your Estate

The best way to avoid intestate succession is simple: create a valid will. Even a basic will provides significantly more control than dying without one.

Contact John Doyle Nalley or Chance Nalley for Estate Planning Help

For assistance with estate planning or probate matters in Arkansas, schedule a free consultation.

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How to Survive a Hospital Stay

Sun, 02 Nov 2025 22:46:04 GMT

Nine Rules to Follow to Survive a Hospital Stay

A Hospital Stay Will Affect All of Us

Due to a variety of factors, hospital care over the past few decades has become increasingly hazardous to the patient's health. According to the Sixth Annual HealthGrades Patient Safety in American Hospitals Study from 2009, patient safety incidents still account for nearly 100,000 preventable deaths and nearly $7 billion in excess costs yearly.

All of us will at some point have to deal with our own hospitalization or the hospitalization of a loved one, a parent, spouse, relative or good friend, and cope with the realities of what is happening in hospitals today. There is a nationwide nursing shortage, insurance companies require physicians to see too many patients in too little time, and many hospitals are under financial duress because of uninsured patients, patients who don't pay their bills, and demands for new, expensive technology. Because of the baby boomer generation, there are more older patients with multiple medical issues that require hospitalization. Every physician and nurse I interviewed said this: "Hospital care is in crisis. You must have someone with a patient at all times. Loved ones are patients' best advocates."

There is something that everyone can do immediately to improve the chances of surviving a hospital stay and the first is to have an advocate caregiver . There must always be someone, a family member or good friend, to oversee hospital care in an effort to prevent medical errors. The hospitalized patient cannot do this for himself. If you or a loved one has to go into the hospital, the number one priority is to enlist a family member or good friend to act as an advocate caregiver to oversee and monitor the hospital medical care.

As an advocate caregiver, here are 9 rules to follow:

Act as the patient's eyes and ears.

Get a notebook. Write down the patient's name, hospital room, the physicians' and primary nurses' names and contact information, the patient's diagnosis and treatment plan.
Keep a daily log of patient progress.

Help prevent medication mistakes.

Medication errors are among the most common medical errors, harming at least 1.5 million people every year according to the Institute of Medicine.
Write down the patient's medications and dosages directly from the patient's physician.
List what the medication looks like, the shape and color of any pills, the names on the labels of bottles or IV bags.
Create a detailed description as labels and bottles can look alike. Make sure that you recognize the medication when it is administered. If you don't, ask questions.
Be assertive.
Also make sure the patient's allergies to medications are in his/her chart. Repeat this information to your loved one's primary nurse and physician.

Prevent patient name mistakes

Check with each hospital staff member who either comes to pick up the patient for a procedure or who will administer a treatment.
Make sure they have the correct patient name and that the correct procedure or treatment is listed.
Repeat this checklist with each hospital staff person.

Prevent surgery on the wrong body part

Accompany the patient to the operating room and request to see the surgeon.
Ask this doctor to mark on the patient's body the correct site to be operated on and which surgery is to be performed.
If the surgeon is not available, ask to see the anesthesiologist and other staff involved in your loved one's case and repeat this same checklist with each one.

Prevent the spread of hospital-acquired infectious diseases

Among the most virulent in hospital settings are MRSA and pneumonia.
Prevent the spread by washing your hands and asking every person who comes in contact with the patient, including the physicians and nurses, to wash their hands or put on a fresh pair of disposable gloves before touching the patient.
Place antibacterial gel next to the patient's bed and ask everyone to use it.

Know how to reach the doctors

Show up during doctor's rounds. Ask the primary nurses what time the doctors do rounds and simply be present in the patient's room.
Have your notebook handy and prepare questions ahead of time about the patient's diagnosis, treatment and prognosis.
Ask the doctor how he/she wants to be contacted. Write down phone numbers, office hours, time of hospital rounds, email address, any pertinent contact information.
Provide him/her with your phone numbers and the best times to reach you. If you can't be available during rounds or if you live out of town, call the patient's primary nurse and ask that a note be placed in the patient's chart for the physician to call you.
You can also call the nurses' station during rounds and ask to speak to the physician.
If you still have trouble reaching the doctor, follow up with a call to the physician's office asking for him/her to call you with preferred phone numbers and available times that you are available.

Get to know the patient's primary nurses

No other nurse will do.
Only ask questions or make requests of the primary nurse.
You don't want to ask a technician for pain medication for your loved one. Your request may never make it to the person who can actually give the medication.
Establish a personal relationship with the patient's primary nurses, this means night shift primary nurses, too.
Humanize the patient to the primary nurses. You want each one to see your loved one as a human being, not just as the liver cancer in room #202.

Prepare for holidays, weekends and nights

Nurse-to-patient ratios increase at these times and doctors can be away.
Either be with the patient as much as possible, or share this responsibility with your family advocate team members.
You can also hire a sitter or companion to fill in for you.

Above all, try to be with the patient as much as possible

You don't want your loved one, who might be in pain, calling for a nurse who doesn't come.
All nurses and physicians interviewed for this post said, "Patients with involved family members get more attention."
For a short period of time, you will help facilitate this. You could save a life.

No hospital staff member intentionally causes errors. Everyone is doing the best job that they can. As a family member or good friend, you can do your part by contributing to everyone's goal: the health and well-being of the patient and your loved one.

Car Insurance Coverage to Consider in Arkansas

Sun, 02 Nov 2025 22:09:23 GMT

Insurance Coverage in the State of Arkansas - What is required?

The State of Arkansas requires at a minimum that all persons driving on Arkansas roads have at least liability insurance coverage which pays for any claims when you are at fault in an accident. The minimum liability amount that you are required to carry by law is $25,000 per person for bodily injury, $50,000 per accident, and $25,000 to cover property damage to other's property.

Requirement of Coverages for Insurance Companies

The State of Arkansas also requires that insurance companies offer you medical payments, wage loss, underinsured and uninsured coverages. If you don't want these coverages, you have to sign to reject them. If you did not sign a rejection, these coverages may exist for you as a matter of law.

These additional coverage options are needed and vital to protecting you and your family. Here is a little bit more about each of them:

1. Medical Payments/Wage Loss Coverage

Commonly referred to as personal injury protection (PIP), these coverages will pay for medical expenses and lost wages when you are in an accident. How much of these bills will be paid depends on how much coverage you buy. The minimum coverage in Arkansas is $5,000 for medical bills and $140 per week or 70% of your salary for lost income.

2. Uninsured Motorist Coverage

Uninsured motorist coverage will pay for your injuries and damages when a wreck is caused by someone who doesn't have insurance of their own. You should have sufficient amounts of uninsured motorist coverage to pay for damages in the event you are in a severe accident.

3. Underinsured Motorist Coverage

Underinsured motorist coverage will pay if the person who causes the wreck doesn't have enough coverage to fully pay for your injuries and damages. Underinsured motorist is "excess" coverage over and above the liability limits of the person responsible for the accident. Again, underinsured motorist limits should be large enough to pay enough you in the event that you are in a bad wreck and have a lot of medical bills and lost wages.

If we can help answer these or other insurance coverage questions which arise from an accident, c all us today for a free consultation.

How to Choose an Injury Attorney

Sun, 02 Nov 2025 21:45:47 GMT

Select an Attorney You Trust, Not a TV Lawyer

The best way to pick an attorney for your injury case is the same way most of you picked your family doctor. Chances are your family had gone to that family doctor for years, or you were referred to them by family or friends. You didn't pick/choose because of a TV commercial or a billboard.

The truth is that the majority of attorneys you see on TV today don't actually try cases in the courtroom, in fact some of them have never tried an injury case to a jury period. The goal of many attorney TV commercials is to get you in the door, sign you to a contract, then turn you over to secretaries or insurance adjusters on staff to settle your claim. The claims are then generally settled as quickly as possible, often for much less than they are worth. These are "settlement mills".

Here are four key questions to ask before signing up with an injury lawyer:

Will the person I contact about my case be an attorney vs. a secretary or paralegal? If the answer is no, you are most likely at a "mill".
How many injury/insurance/malpractice cases has the attorney handling my case tried themselves, and what were the results? Ask for the names of the cases, when they occurred and in what court.
Ask to see a list of results, both settlements and verdicts in court. Insurance companies know which attorneys are good in court and pay accordingly.
Ask about their rating on Martindale Hubbell . This is the only service where lawyers rate other lawyers on legal ability and ethics. Your family doctor sends you to specialists they know are good and trust, it is the same with attorneys, they know their fellow attorneys with ability and ethics. AV is the highest rating given by Martindale Hubbell. The "A" is the highest rating for legal ability, the "V" is the highest rating for legal ethics. All other rating services are just primarily paid advertising.

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Hail Damage Insurance Claim Denied in Arkansas? Here's What You Can Do

A Guide to Your Legal Rights After a Hail Damage Denial

Why Do Insurance Companies Deny Hail Damage Roof Claims in Arkansas?

What Arkansas Law Gives Homeowners

Your Policy Is a Contract

Your Legal Options as a Policyholder

What Arkansas Homeowners Should Do After a Denial

Frequently Asked Questions: Hail Damage Claims in Arkansas

We're Here to Help

What Happens If You Die Without a Will in Arkansas?

What Happens If You Die Without a Will in Arkansas?

What Does "Dying Intestate" Mean?

Who Inherits When There's No Will?

Important Notes:

What Common Mistakes Should You Avoid?

With a Will vs. Without a Will

What You Should Do:

If you don't have a will:

If you're dealing with an intestate estate:

Frequently Asked Questions

How long does probate take without a will in Arkansas?

Do I need a lawyer if someone dies without a will?

What if I can't afford a will?

Take Control of Your Estate

Contact John Doyle Nalley or Chance Nalley for Estate Planning Help

How to Survive a Hospital Stay

Nine Rules to Follow to Survive a Hospital Stay

A Hospital Stay Will Affect All of Us

Act as the patient's eyes and ears.

Help prevent medication mistakes.

Prevent patient name mistakes

Prevent surgery on the wrong body part

Prevent the spread of hospital-acquired infectious diseases

Know how to reach the doctors

Get to know the patient's primary nurses

Prepare for holidays, weekends and nights

Above all, try to be with the patient as much as possible

Car Insurance Coverage to Consider in Arkansas

Insurance Coverage in the State of Arkansas - What is required?

Requirement of Coverages for Insurance Companies

1. Medical Payments/Wage Loss Coverage

2. Uninsured Motorist Coverage

3. Underinsured Motorist Coverage

How to Choose an Injury Attorney

Select an Attorney You Trust, Not a TV Lawyer