Santa Fe resident sues insurer over fire proceeds

John Suayan, Galveston Bureau Nov. 28, 2011, 8:44am

GALVESTON - Santa Fe resident Thomas Scott Moss has filed suit against Texas Fair Plan Association, Farmers Insurance, Neil J. LeBlanc and Angela Johnson in an effort to recoup an insurance claim on his home.

According to a lawsuit filed Nov. 14 in Galveston County District Court, the defendants' failure to properly cover the home after it was heavily consumed in a fire Nov. 4, 2010, forced Moss and his son "to move from motel to motel to keep a roof over their heads."

Recent court documents show the property was originally foreclosed on in early 2010 without proper notice being noticed to the plaintiff, but the investors who bought the residence through a foreclosure auction agreed to sell the home back to him for the price they paid.

A deed was not recorded at that time as it was the intention of the parties to have a proper and formal survey performed on the property before the deed was to be recorded, the original petition says.

Moss then purchased a TFPA policy from defendant Johnson on Sept. 9, 2010, almost two months before the blaze.

He insists the incident was not his fault, but still received a letter denying his claim for insurance coverage.

The plaintiff, who is on disability and limited income, resorted to moving his son and himself around until he rented a small 600-square foot economy apartment.

The disputed payment has yet to be paid, the suit says.

Attorney Michael L. Aldous of Santa Fe is representing the complainant, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 11-cv-1785

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