Suit between contractor, insurer dismissed

David Yates Feb. 16, 2012, 7:18am

A deceptive trade practices suit between a construction company and an insurer was dismissed a year after the suit was filed.

As previously reported, Capitol Crew Construction filed suit against Craig Lawhorn and Lawhorn Insurance Co. on Dec. 17, 2008, in Jefferson County District Court, alleging it was not provided with the workers' compensation the agent told Capitol Crew it had.

A year later, the parties filed an agreed motion for dismissal with prejudice on Dec. 11, 2009, stating that the controversy between them had been fully settled.

Court records show that on Dec. 15, 2009, Judge Gary Sanderson, 60th District Court, granted the motion.

According to the original petition, Capitol Crew applied for the workers compensation after winning a bid to repair a metal building at Reagent's located at 8840 Yacht Club Road in Port Arthur.

On Oct. 23, 2008, Lawhorn submitted a certificate of insurance to Reagent, indicating Capitol Crew had obtained workers' compensation coverage.

However, Lawhorn never allegedly placed the insurance with Texas Mutual Insurance Company, and Capitol Crew did not have the workers' compensation coverage it was supposed to have, the suit states.

Capitol Crew Construction was represented by Paxton N. Crew and Billy J. Frey of Legge, Farrow, Kimmit, McGrath and Brown in Houston.

Dallas attorney John Fundis of Downs & Standord represented Lawhorn.

Case No. B182-871

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