Rita claims still finding their way into courts

David Yates May 7, 2008, 9:41am

Even though it has been more than two years since Hurricane Rita hit Southeast Texas, suits against insurers are still managing to find their way into local courts.

William and Chloe Clark are the latest local couple to sue their insurance company for allegedly refusing to pay a portion of their policy damage claim.

The couple filed suit against Texas Property & Casualty Insurance Guaranty Association on May 6 in the Jefferson County District Court.

According to the plaintiff's original petition, the Clarks submitted a claim for windstorm damages and were "wrongfully" denied at least a portion of their claim.

The suit says the Clarks asked the insurance company to cover the cost of repairs to their property but TPCIGA "misrepresented" the policy and denied at least a portion of their claim, "even though the damage was caused by a covered occurrence."

The suit faults TPCIGA for breaching its contract and duty of good faith and fair dealing, and also alleges the insurance company committed several violations of the Texas Insurance Code.

The plaintiff is suing for the unpaid claim, actual and compensatory damages, economic hardship, plus exemplary damages and damages for mental anguish.

The Clarks are represented by Brandon Monk of the McPherson, Monk, Hughes, Bradley, Wimberley & Steele law firm.

The case has been assigned to Judge Gary Sanderson, 60th Judicial District.

Case No. B181-709

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