A Jefferson County couple has filed suit against Texas Farm Bureau Underwriters and one of its agents, alleging the agent and the company assured them there was insurance on their property when there was none.

Danny and Sherrie Kotz paid for a flood insurance policy that included windstorm, hurricane and hail coverage for his property located at 605 Patna Drive in Beaumont, according to the complaint filed Jan. 9 in Jefferson County District Court.

After Hurricane Ike struck and caused extensive damage to the Kotzs' home, they made a claim for damages to their property, the suit states.

However, they claim Texas Farm Bureau Underwriters denied their claim because it had failed to secure the necessary windstorm, hurricane and hail coverage on the Kotzs' home.

"It was not until after Plaintiff made a claim for damages that Defendants informed Plaintiff that they had failed to secure or were denying said insurance coverage existed," the suit states.

The Kotzs claim they do not have the money to repair their home and that substantial delays in repairs have caused additional damage to the house.

They have also endured severe mental anguish, incurred out-of pocket expenses, a loss of use of his house, cost of replacement and costs of repairs, according to the complaint.

Texas Farm Bureau Underwriters and its agent, Cody Woodul, engaged in false, misleading and deceptive acts by misrepresenting the policy to the Kotzs, according to the complaint.

They also breached a contract to procure windstorm, hurricane, hail and flood coverage by failing to provide the services, the suit states.

The Kotzs claim Texas Farm Bureau Underwriters and Woodul were negligent by failing to obtain the coverage, by failing to notify them they did not have the coverage and by allowing them to believe they had the coverage when they did not.

The Kotzs are seeking an unspecified judgment, plus interest at the legal rate, costs and other relief to which he may be entitled.

Scott Renick and John D. West of Beaumont will be representing them.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A182-991

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