Beaumont company claims insurer failed to adjust claim

Kelly Holleran Nov. 3, 2010, 5:23pm

A Beaumont company claims it will incur more than $4,000 to adjust its own insurance claim because the insurance company refuses to do so.

Neb-Med doing business as Medical Management Services filed a lawsuit Oct. 27 in Jefferson County District Court against Pharmacists Mutual Insurance Company.

Neb-Med claims it had a policy with Pharmacists Mutual Insurance Company when a fire erupted at its premises at 44 North 11th St. in Beaumont on Nov. 3, 2009. During the fire, many of Neb-Med's pieces of medical equipment were damaged, according to the complaint.

Following the fire, Neb-Med made a claim with Pharmacists Mutual Insurance Company. However, Pharmacists Mutual Insurance Company refused to adjust the claim.

"The insurance company, through its adjuster, advised Plaintiff that it was Plaintiff's responsibility to have the items shipped to the manufacturer to determine if they were damaged or not," the suit states.

Essentially, Pharmacists Mutual Insurance Company wants Neb-Med to adjust its own claim, which will result in Neb-Med incurring costs of $4,000, the complaint says.

As a result of the fire and Pharmacists Mutual Insurance Company's refusal to adjust the claims, Neb-Med has incurred a business loss, it claims. In addition, it faces costs of $20,000 to replace the damaged equipment, according to the complaint.

In its complaint, Neb-Med accuses Pharmacists Mutual Insurance Company of breach of contract, deceptive insurance practices, violating the Texas Deceptive Trade Practices Act, fraud, conversion, breach of warranty for services and negligent hiring.

Neb-Med seeks a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus costs, pre- and post-judgment interest and other relief to which it has been entitled.

E. Hart Green of Weller, Green, Toups and Terrell in Beaumont will be representing it.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Jefferson County District Court case number: B188-693

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