TWIA suit says contractors issued fraudulent certification

David Yates Dec. 16, 2009, 2:51am

MCM Elegante Hotel

Since Hurricane Ike struck in 2008, thousands of lawsuits against windstorm insurers have filtered into Texas Gulf Coast courthouses.

But on Monday, the Texas Windstorm Insurance Association struck back with a suit of its own, filing a petition against the contractors who "improperly" and "fraudulently" certified the MCM Elegante Hotel in Beaumont to TWIA regulations.

The suit was filed Dec. 14 in Jefferson County District Court, and names MRCO Inc., Titan Services and Hospitality Construction Services as defendants.

According to the petition, the MCM Elegante Hotel made a claim for insurance coverage after Ike's wind blasts pummeled the Golden Triangle.

However, in its suit, TWIA contends the hotel was not built to the appropriate regulations and guidelines "pursuant to the windstorm contract and TWIA rules."

"TWIA hereby seeks recovery of payments made under the contract ..." the suit states. "Plaintiff herby brings claims against ... defendants, such as contractors, engineers and others who either constructed the property improperly or who improperly certified the property."

TWIA is seeking actual and consequential damages.

The insurance provider is represented by attorney Anthony Malley III of the Moore, Landrey law firm in Beaumont.

Judge Bob Wortham, 58th Judicial District, has been assigned to the case.

Case No. A185-477

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