Beaumont homeowner sues TWIA over Hurricane Ike damage

Kelly Holleran Apr. 17, 2012, 7:10am

A Beaumont resident claims his insurance company refuses to adequately pay him for damages caused to his home after Hurricane Ike struck on Sept. 13, 2008.

M.A. Phelan filed a lawsuit April 5 in Jefferson County District Court against Texas Windstorm Insurance Association.

In his complaint, Phelan alleges he made a claim with TWIA after Hurricane Ike struck, but the insurance company severely undervalued the claim. Phelan complained, and TWIA readjusted the amount of money it offered him. Still, he was not satisfied.

In turn, TWIA decided to send additional adjusters to inspect the property. In September 2010, TWIA allegedly told Phelan it would be willing to reach a settlement with him, but the proposed settlement was also insufficient, according to the complaint.

"Defendant continued to drag on the handling of Plaintiff's Hurricane Ike claim, constantly making requests for additional information and/or additional inspections by Defendant's adjusters," the suit states. "To date, Plaintiff has not received the full value of his claim."

In his complaint, Phelan alleges breach of contract, violation of the Texas Deceptive Trade Practice Act, breach of good faith and fair dealing, fraud, conversion and breach of warranty for services against TWIA.

In his complaint, Phelan seeks a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus costs, pre- and post-judgment interest and other relief the court deems just.

E. Hart Green of Weller, Green, Toups and Terrell in Beaumont will be representing him.

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

Case No. B192-275

More News