Beaumont couple sues Capitol County for insurance claim

Marilyn Tennissen Jul. 17, 2007, 10:53am

A Beaumont couple has sued Capitol County insurance after the company denied their claim for hurricane repairs.

The suit was filed July 16 in Jefferson County District Court.
During Hurricane Rita in September 2005, the Beaumont home of James and Oretha Brister sustained damage. When the storm passed the couple filed a claim with Capitol County Mutual Fire Insurance for roof damage, water damage, wind damage and structural damage.

The plaintiffs asked Capitol to cover the cost of repairs as well as living expenses.

Capitol County sent Paul Lampi as adjuster to the Brister's property.

The insurance company denied the claim for repairs, "even though the policy provided coverage for losses such as those suffered by plaintiffs," the original plaintiffs petition states.

According to the suit, "Capitol County failed and refused to pay the full proceeds of the policy, although due demand was made for proceeds to be paid in an amount sufficient to cover the damaged property."

The Bristers claim Capitol County is in violation of the Texas Insurance Code - Unfair Settlement Practices.

Plaintiffs say Lampi committed fraud and that the insurance company is in breach of contract, breach of duty and acted knowingly in actions with the plaintiffs.

The Bristers are seeking actual damages , exemplary damages, court costs and attorney fees. They are requesting a trial by jury.

Steven Mostyn of Houston is representing the plaintiffs.

The case has been assigned to the 172nd District Court of Judge Donald Floyd.

Case No. E179-666

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