Woman wants either construction company or insurer to repair home

Kelly Holleran May 30, 2011, 4:39pm

A Jefferson County woman has filed suit against a construction company and her insurance company, claiming one of the two needs to reimburse her for damages caused to her home.

Delores Northcutt claims she noticed the unspecified damages to her house after defendant Eastex Construction Service worked on it.

After finding the property damages, Northcutt contacted her insurance company, defendant State Farm Lloyds, to ask them to reimburse her for her loss, according to the complaint filed May 18 in Jefferson County District Court.

However, State Farm Lloyds refused to pay for the damages, saying they resulted from Eastex's faulty work, so the construction company should be forced to pay for its blunder, the suit states.

"Plaintiff, therefore, sues both Defendants for breach of contract," the complaint says.
In addition, Northcutt filed her suit under the Texas Deceptive Trace Practices Act and alleges State Farm violated the Texas Insurance Code by misrepresenting her policy.

Northcutt is seeking actual damages, plus interest at the legal rate, costs and other relief to which she may be entitled.

John S. Morgan of Harris, Duesler and Hatfield will be representing her.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A190-046

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