Discovery continues in TWIA suit alleging contractors issued fraudulent certification

David Yates Jan. 7, 2011, 2:33am

MCM Elegante Hotel

The Texas Windstorm Insurance Association filed a certificate of written discovery last month, indicating that its lawsuit against contractors who allegedly certified a Beaumont hotel as windstorm ready is continuing.

Last December, TWIA filed suit against MRCO Inc., Titan Services and Hospitality Construction Services, the contractors who TWIA claims "improperly" and "fraudulently" certified the MCM Elegante Hotel in Beaumont to TWIA regulations.

On Dec. 3, TWIA filed its supplemental response to request for disclosure, court records show.

A month earlier, TWIA had filed its responses to MRCO's interrogatories, request for production and requests for disclosure.

Court papers show 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, is assigned to the case.

Case No. A185-477

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