A Sabine Pass resident, whose home was damaged during Hurricane Rita, is suing his insurance agent for allegedly neglecting to inform him that his windstorm insurance had lapsed.
Brent Coon & Associates lawyer Ryan Scott filed a deceptive trade practices lawsuit on Dail Chaffin's behalf against insurance agent William Nickum with the Jefferson County District Court on Aug. 3.
According to the plaintiff's original petition, sometime before the storm hit, Chaffin purchased an insurance policy from Nickum, who allegedly "failed to inform Chaffin that his windstorm policy had lapsed."
The suit says Nickum represented to Chaffin that he "had an adequate amount of flood insurance," and that Nickum failed "to perform his contractual duty."
In his suit, Chaffin claims Nickum misrepresented his insurance coverage.
"The defendant's failure to procure the proper insurance policyÃ¯Â¿Â½constitute intentional violations of the Texas Deceptive Trade Practices Act and the Texas Insurance Code," the suit said. "The defendant is an individual that can be sued under the DTPA."
Chaffin is suing for actual damages, all court costs and mental anguish and treble damage under the DTPA.
He is demanding a trial by jury.
Judge Bob Wortham, 58th Judicial District, will preside over the case.
Case No. A179-754