No payout for truck vandalism, suit against insurer claims

Kelly Holleran Aug. 9, 2010, 5:45am

A Texas corporation has filed suit against an insurance company, alleging it refused to pay for vandalism to two of its trucks.

Attaboy Pressure Testing claims its 2002 and 2003 Chevrolet K2500 diesel trucks sustained serious damages after an unknown vandal poured sugar or another unknown substance into the fuel tanks of the trucks.

Attaboy discovered the damages on March 5 and April 10, 2009, according to the complaint filed July 29 in Jefferson County Circuit Court.

At the time of the damages, Attaboy had insurance with defendant Farmers Truck Insurance Exchange and filed proof of claims with the company, the suit states.

However, Truck Insurance Exchange refused to pay the claim without conducting a reasonable investigation, the complaint says.

"Defendant, by refusing to honor the contract between Defendant and Plaintiff, knowingly engaged in unfair and deceptive acts and practice in the business of insurance, in violation of Title 5, Chapter 541 of the Texas Insurance Code," the suit states.

In its complaint, Attaboy seeks actual, treble and punitive damages, plus interest of 18 percent per year, plus pre- and post-judgment interest, attorney's fees, costs and other relief the court deems just.

H.P. Wright of Wright and Pitre in Port Neches will be representing it.

Jefferson County District Court case number: E187-424.

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