USAA sued over repairs to home damaged by leak

John Suayan, Galveston Bureau Jul. 20, 2010, 5:46am

GALVESTON - A Galveston County couple has filed suit against their insurance company for failing to fully compensate a claim filed after a leak at their League City home.

Larry and Shirley Hendrickson's lawsuit accuses United Services Automobile Association of improperly inducing them into selecting a contractor and neglecting to ensure the restoration work was properly completed.

The suit was filed July 6 in Galveston County Court No. 1.

According to court papers, the Hendrickson residence sustained damages as a result of a leak on July 4, 2008. USAA then suggested the plaintiffs hire Progressive Fire & Flood Inc., doing business as Roadrunner Restoration, to help with repairs related to their claim.

"The defendant USAA represented that they would make contractors complete the repairs satisfactorily and that they would perform random reinspectioms during repairs to confirm work and service quality," the suit says.

"The defendant USAA made numerous representations to induce the plaintiffs to hire a contractor from their property direct repair program."

USAA and the Hendricksons entered into a written contract on or around July 17, 2008, whereby Roadrunner was to remove, store and repair certain personal property that had been damaged.

The plaintiffs claim Roadrunner, also a defendant in the case, did not do its job.

"The defendant Roadrunner failed to properly remove, store, and repair the plaintiffs' personal property," the original petition says.

"The defendant Roadrunner damaged the plaintiffs' property and filed a lien against the plaintiffs' home in violation of the Texas Property Code."

Consequently, the Hendricksons seek unspecified monetary damages for loss of use of personal property and mental anguish.

Attorney Neil G. Baron of Dickinson is representing the plaintiffs.

The case has been assigned to Galveston County Court No. 1 Judge Mary Nell Crapitto.

Cause No. 63,255

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