In stark contrast of the recent trend of Beaumont residents suing their home insurance provider for unpaid claims submitted after Hurricane Rita, Trinity Lloyds Insurance Co. is preemptively pursuing legal recourse against Lyndell Shults.
Trinity filed their petition for a court-appointed umpire with the Jefferson County District Court on May 11. Judge Donald Floyd, 172nd Judicial District, has been assigned to the case.
According to the plaintiff's original petition, Shults submitted a claim for damages following Rita. Trinity examined the property and arrived at an assessment. Shults disagreed with Trinity's assessment and on April 9, 2007, invoked an appraisal clause written into her policy.
The clause allows for each party to acquire and pay its own appraiser.
"In accordance with the policy terms, (Trinity) asks this court to select a competent and impartial person to serve as the umpire in the appraisal process,: the suit said. "By entering into the appraisal process, (Trinity) expressly reserves the right to deny payment of all or any part of the resulting appraisal award to the extent it relates to damages that are not covered under the policy terms."
Trinity is represented by attorney Gage Waggoner of Sandbote, Waggoner & Zopolsky law firm.
Case No. E179-293