La Marque resident sues insurer for denying coverage for flooded home

John Suayan, Galveston Bureau Feb. 23, 2011, 2:23pm

GALVESTON � La Marque resident Cruz Alvarado has filed suit against Voyager Indemnity Insurance Co. in an effort to recover compensation after his house flooded.

Alvarado's suit, which was filed Feb. 22 in Galveston County District Court, alleges Voyager did not attempt to investigate the cause of an overflow at the plaintiff's residence that occurred on June 1, yet the insurer denied him coverage.

The complainant insists he provided Voyager with access to the insured property for inspection and provided all information requested and necessary to pay the amount due and owing to the policy in question.

"Due to the covered event and the defendant's failure to properly adjust the plaintiff's claim, mold has since manifested at the property," the original petition says.

It adds Voyager performed an outcome-oriented investigation of the plaintiff's claim, "which resulted in a biased, unfair and inequitable evaluation of the plaintiff's loss with the intent to stay."

"Despite receiving proper notice, and despite every attempt by the plaintiff to comply with the requirements of the policy, defendant Voyager denied the plaintiff's claim, even though the policy provided coverage for losses such as those suffered by the plaintiff," the suit says.

In addition to the funds in question, a jury trial is sought.

Attorney Donivan W. Flowers of Galveston is representing the plaintiff.

The case has been assigned to Galveston County 10th District Court Judge David Garner.

Case No. 11-cv-0320

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