David Yates Mar. 31, 2016, 3:25pm


HOUSTON - State Farm Lloyds recently emerged triumphant in a pair of storm lawsuits against the company, capturing favorable jury verdicts in both cases.

State Farm’s first victory came March 23, court records show.

A federal jury found plaintiff Cathy Broxterman did not prove that the company breached its insurance policy with her.

Through Houston-area attorney Bill Voss, Broxterman filed suit against State Farm on Sept. 17, 2014, in Collin County. A month later, her case was removed to the U.S. District Court for Eastern Texas, Sherman Division.

In her suit, Broxterman says her Allen home suffered “incredible damage” due to storm-related conditions on April 3, 2014.

She claimed State Farm failed to properly investigate the claim, offering her inadequate compensation and no recourse but to file suit against the company.

Prior to the trial, State Farm successfully moved to dismiss Broxterman’s extra-contractual claims, arguing that her complaint failed to assert facts that give rise to legal liability, court records show.

Attorney Rhonda Thompson of the Dallas firm Thompson, Coe, Cousins & Irons represented the company.

State Farm’s second victory came March 29 in a hail suit brought by plaintiffs Simitrio and Ruth Marquez.

The couple filed suit against the insurer on June 24, 2013, in Hidalgo County, alleging their McAllen home was damaged by a hailstorm in March of 2012, court records show.

The insurer investigated and paid the couple $11,572.73. However, Simitro and Ruth obtained the services an independent adjuster, who calculated the damages to their residence to be $107,456.21.

“Plaintiff submitted said estimate to State Farm with a demand for payment, which has been rejected,” the suit states. “State Farm participated in a scheme to wrongfully delay and deny the plaintiff’s lawful claim for insurance coverage.”

At trial, jurors found State Farm did not fail to comply with the insurance policy held by the plaintiffs, finding that the insurer paid for all damages caused by the hailstorm, according to the charge of the court.

Last June, State Farm had filed a motion for summary judgment, contending the plaintiffs’ claims should be dismissed since there is no evidence to support them, court records show.

Brownsville attorney Juan “Trey” Mendez III represented the plaintiffs.

State Farm was represented by David Stephens, attorney for the San Antonio law firm Lindow Stephens Treat.

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