Plumbing leak leads to lawsuit by Beaumont couple

Kelly Holleran Feb. 21, 2012, 6:17am

A Beaumont couple alleges their insurance company refuses to pay for damages caused to their home due to a plumbing leak.

Robert E. and Francies L. Davis claim their home at 1870 Rafes Way sustained a plumbing leak that caused extensive damages to their home on Jan. 5, 2011.

Following the leak, the Davises filed a claim with defendant Allstate Texas Lloyd's for roof damages, according to the complaint filed Feb. 13 in Jefferson County District Court. However, Allstate refused to compensate the couple for their full damages after it assigned an adjuster to investigate their claim, the suit states.

When it denied the Davis' claim, Allstate reasoned that the damages were not covered under the insurance policy. However, the couple contends the destruction is a covered occurrence.

"Plaintiffs claims still remain unpaid and the Plaintiffs still have not been able to properly repair the property," the complaint says.

In their complaint, the Davises allege Allstate breached its contract, violated the Deceptive Trade Practices Act, committed unfair insurance practices, breached its the duty of good faith and fair dealing and engaged in fraud.

The Davises are seeking actual, consequential, treble, punitive and exemplary damages, plus attorneys' fees, costs, pre- and post-judgment interest and other relief the court deems just.

Danny R. Scott Jr. of Beaumont and Orlando R. Lopez of The Lopez Law Firm in San Antonio will be representing them.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B191-950

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