No relief for Capitol County in sight as Rita suits keep coming

David Yates Oct. 9, 2008, 9:25am

There seems to be no relief in sight for Capitol County Mutual Fire Insurance, as another suit accusing the company of denying a Hurricane Rita claim surfaced Oct. 6 in Jefferson County District Court.

This is the second suit to be filled against Capitol County in three days and dozens of Rita suits have been filed against the insurance company in recent weeks.

In the most recent suit, local couple James and McCray claim Capitol County denied a portion of their Rita claim.

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 suit alleges the insurance company "failed to perform its contractual duties to adequately compensate Plaintiffs under the terms of the Policies. Specifically, it refused to pay the full proceeds."

"Defendants misrepresented to Plaintiffs that the damage to the Property was not covered under the Policy, even though the damage was caused by a covered occurrence. Defendants' conduct constitutes a violation of the Texas Insurance Code, Unfair Settlement Practices," the suit says.

"Defendants failed to explain to Plaintiffs the reasons for their offer of an inadequate settlement. Specifically, Defendants failed to offer Plaintiffs adequate compensation, without any explanation why full payment was not being made."

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. D182-494

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