Hurricane Rita suits still pouring three years after touchdown

David Yates Oct. 9, 2008, 6:54am


A Port Arthur woman has sued Capitol County Mutual Fire Insurance for allegedly denying a portion of her Hurricane Rita claim.

Gricelda Alvarez's suit was filed Oct. 6 in Jefferson County District Court.

Dozens of Rita suits have been filed against Capitol County in recent weeks.

During Hurricane Rita in September 2005, Alvarez's Port Arthur home sustained damage. When the storm passed she filed a claim with Capitol County Mutual Fire Insurance for roof damage, water damage, wind damage and structural damage.

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

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 plaintiff claims Capitol County is in violation of the Texas Insurance Code - Unfair Settlement Practices.

The plaintiff is 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 136th District Court of Judge Milton Shuffield.

Case No. D182-495

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