Whitney Brakken Mar. 28, 2014, 1:54pm

An insurance company and two adjusters are facing suit after allegedly wrongfully handling a claim.

Marcus L. Montegut and Tracey Montegut filed a lawsuit March 19 in the Galveston County Court against State Farm Lloyds, Richard Tugwell and Eric Gabriel, citing unfair settlement practices, fraud, breach of contract, noncompliance with Texas Insurance Code and breach of duties.

The complaint states the plaintiffs own a Texas Homeowners’ Insurance Policy, which was issued by State Farm. The plaintiffs say on April 2, their home sustained damage in a hail storm and they filed a claim with State Farm for the damages.

The plaintiffs contend Tugwell and Gabriel were the adjusters on the claim and they failed to perform a thorough investigation and misrepresented the damages to State Farm. In addition, State Farm wrongfully denied the plaintiffs’ claim for repairs of the property and underpaid some of the plaintiffs’ claims, according to the complaint.

The plaintiffs are seeking monetary relief more than $200,000, but not more than $1 million.

They are being represented in the case by attorney J. Steve Mostyn of The Mostyn Law Firm.

Galveston County Court Case No. 14-CV-0316


This is a report on a civil lawsuit filed in the Galveston County Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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