Insurer fires back; sues couple for suing over Ike damage

David Yates Aug. 16, 2011, 5:55am


Cypress Texas Lloyds has filed suit against Kevin and Chantel Newman, alleging the couple jumped the gun and sued without first protesting their claim payment for Hurricane Ike damages.

Cypress filed its suit Aug. 11 in Jefferson County District Court.

As the Southeast Texas Record previously reported, the Newmans submitted a claim to Cypress when their property at 2921 Bryon Drive in Groves sustained roof, water, wind, contents and structural damages on Sept. 13, 2008, during Hurricane Ike.

The couple filed their complaint (case No. D183-180) against Cypress on Feb. 2, 2009, in Jefferson County District Court.

More than two years later, Cypress filed a suit of its own, alleging that the Newmans did not pursue a "completion appraisal" of their "undisputed claim payment" before filing their suit, court papers say.

The suit also alleges the couple resisted all efforts by Cypress to pursue appraisal once their suit was filed.

Cypress maintains the couple breached the terms of their policy and is seeking declaratory relief stating the parties had a valid and binding contract between them.

Dallas attorney Rhonda Thompson of Thompson, Coe, Cousins & Irons represents Cypress.

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

Case No. A190-663

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