Insurance agent accused of keeping money answers suit

David Yates Sep. 25, 2013, 7:49pm

An insurance agent has answered a suit brought by a couple claiming they have yet to be reimbursed for windstorm insurance coverage for which they paid.

As previously reported, John and Pamela Forsander filed a lawsuit Feb. 27 in Jefferson County District Court against Bradley G. Burkhalter. 

Court records show Burkhalter answered the suit on April 1, denying the allegations and demanding proof.

He asks that the plaintiffs take nothing and that he be reimbursed for court costs.

The Forsanders allege they paid Burkhalter for wind insurance coverage on their property in Wellington Oaks in Beaumont and to cover their rental property on Westgate Drive in Beaumont.

More specifically, in 2009, the Forsanders paid Burkhalter $3,149 for the coverage. When Burkhalter failed to secure the required insurance for the homes in 2009, the Forsanders were forced to incur an additional $6,479 in costs, according to the complaint.

Texas Windstorm Insurance Association reimbursed the Forsanders $1,711 in 2011, but Burkhalter kept the money, the suit states. Finally, in 2011, the Forsanders paid earned premium amounts on their insurance policies of $301 and $32, but failed to receive value for the amounts, the complaint says.

The plaintiffs allege breach of contract, misrepresentation and fraud against the defendants and say they violated Texas Deceptive Trade Practices Act.

The Forsanders seek treble and exemplary damages, plus pre- and post-judgment interest at the maximum rate allowed by law, attorney’s fees, costs and other relief the court deems just.

John Pat Parsons of Lindsay, Lindsay and Parsons in Beaumont represents them.

Beaumont attorney Mitch Templeton of Templeton & Brinkley represents the defendant.

The case is assigned to Judge Donald Floyd, 172nd District Court.

Case No. E194-013

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