State Farm hit with hailstorm suit 3 years after storm struck

David Yates Mar. 25, 2015, 11:43am


Three years ago, a hailstorm allegedly damaged the home of local resident Bill Beresky Jr.

On March 17, Beresky filed suit against State Farm Lloyds and three individuals in Jefferson County District Court, alleging the insurer refused to fully compensate him.

Andre Hutchins, Dana Bryant and Gary Hastings are also named as defendants.

According to the lawsuit, on March 20, 2012, a hailstorm struck Jefferson County, causing damage to Beresky’s residence. State Farm initially assigned Hutchins to adjust the claim. Hutchins told Beresky roof replacement was not covered and refused to inspect the roof, and State Farm agreed to pay an amount only sufficient to patch the roof and repair minimal interior damage.

“Because State Farm refused to replace the roof, it continued leaking,” the suit states.

On July 20, 2012, State Farm sent Bryant to adjust the claim, but she also refused to inspect the roof. State Farm told Beresky it no longer covered damage in the area and any damage to the roof must be reported to the Texas Windstorm Insurance Association.

TWIA investigated and found the damage was not covered. State Farm refused to acknowledge the damage to Beresky’s roof was caused by the hailstorm, the suit states.

On Feb. 5 State Farm sent Hastings to investigate, who also refused to replace the roof and determined Beresky was still owed $76.05 under the policy.

“Defendants wrongfully denied plaintiff’s claim for repairs of the full roof of the property, even though the policy provided coverage for losses such as those suffered by plaintiff,” the suit states. “State Farm failed to perform its contractual duty.”

Beresky is suing for actual, treble and punitive damages.

Tyler attorney Donivan Flowers represents him.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D196-853

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