Bank allegedly refuses to endorse check

Kelly Holleran Nov. 27, 2012, 8:25am

A Harris County man has filed suit against the bank that he claims is refusing to release more than $30,000 he received from his insurance company to cover damages incurred in a hurricane. 

Alan and Irlanda Cope claim they filed a lawsuit against Omega Insurance, TAPCO Underwriters and Clarence Victor Estes Jr. on May 3, 2010, over the handling of their insurance claim following damages caused by Hurricane Ike.

In turn, the Copes received an appraisal award of $31,556.26, according to the complaint filed Nov. 16 in Jefferson County District Court.

Omega, TAPCO and Estes issued Alan Cope a check, which the plaintiff sent to defendant M&T Bank Corp. to cash, the suit states. However, M&T refused to endorse the check and return the money to the Copes, the complaint says.

“The check held by M&T Bank Corporation is needed by plaintiff so that plaintiff may complete the repairs to plaintiff’s commercial building that was damaged by Hurricane Ike,” the suit states.

The Copes allege conversion against M&T.

They are seeking declaratory damages, plus pre- and post-judgment interest, court costs, attorney’s fees and other relief the court deems just.

Wyatt D. Snider and Russell W. Heald of Snider Law Firm in Beaumont will be representing them.

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

Case No. B193-608

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