Port Arthur man sues insurer for denying portion of Hurricane Rita claim

David Yates Jun. 13, 2007, 4:00pm

Port Arthur resident Ollie Wilson is suing Capitol County Mutual Fire Insurance Co. for denying a portion of his claim that was submitted after Hurricane Rita struck the Golden Triangle area.

The Plaintiff filed his original petition with the Jefferson County District Court on June 12. Judge Gary Sanderson, 60th Judicial District, will preside over the case.

According to Wilson's petition, Mutual Fire wrongfully denied a portion of his claim for repairs of his property, even though the policy provided coverage for losses

"Defendant failed to perform its contractual duty to adequately compensate plaintiff under the terms of the policy," the suit said. Defendant failed and refused to pay the full proceeds of the policy."

Wilson alleges Mutual Fire's conduct constitutes a violation of the Texas Insurance Code, Unfair Settlement Practices.

The suit also faults the defendant with breaching its contract, fraud, not complying with the Texas Insurance Code, Prompt Payment of Claim, breach of duty of good faith and fair dealing, and deceptive trade practices.

Wilson is suing for the unpaid portion of the claim, exemplary and other damages and mental anguish.

He is demanding a trial by jury and is represented by attorney Jason Byrd of the Snider & Bird law firm.

Case No. B179-477

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