Beaumont man sues mortgage company, insurer over hurricane repairs

Kelly Holleran May 3, 2010, 7:00am

A Beaumont man claims his mortgage company and his insurance company have conspired against him to defraud him of money he claims they owe him after Hurricane Ike caused damage to his home.

J.C. Cook Sr. filed a lawsuit April 21 in Jefferson County District Court against Carrington Mortgage Services and Evanston Insurance Company.

Cook claims he owns a home on S. Major Drive in Beaumont. He obtained a mortgage through Carrington to purchase his home, and in turn, Carrington purchased an insurance policy through Evanston, which should have either covered any damages caused to the home so the property could be restored to its original condition or should have allowed the mortgage company to recoup outstanding debt on the property, according to the complaint.

On Sept. 13, 2008, Hurricane Ike struck, causing damage to Cook's home, which he expected Evanston to cover, the suit states.

"Defendant Carrington Mortgage Services refuses to seek the full extent of the damage to the property from Defendant Evanston Insurance Company," the complaint says. "Defendant Carrington Mortgage Services continues to seek mortgage payments against Plaintiff, even though the house is substantially damaged and uninhabitable instead of seeking insurance proceeds that would fix the house or pay the outstanding mortgage in full. Defendants are conspiring to defraud Plaintiff, by forcing Plaintiff to pay for the repairs as well as the mortgage payments, even though insurance was in place at the time of Hurricane Ike."

In his complaint, J.C. Cook Sr. seeks economic and punitive damages, plus unspecified damages within the jurisdictional limits of Jefferson County District Court, pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief to which he may be entitled.

John Pat Parsons of the Lindsay Law Firm in Beaumont will be representing him.

The case has been assigned to Judge Donald Floyd,172nd District Court.

Jefferson County District Court case number: E186-654.

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