SOUTHEAST TEXAS RECORD

With the two-year anniversary of Hurricane Rita approaching, Golden Triangle lawyers and area residents are scrambling to file policy claim lawsuits before the statute of limitations runs out.

In Orange, Felecia McCarver is the latest Rita victim to sue Allstate, and two of its adjusters, for refusing to pay a portion of her policy damage claim.

Through attorney Michael Ramsey of the Mostyn law firm, McCarver filed a breach of contract lawsuit against Allstate Texas Lloyd's and claims adjusters, Matthew Delahoussaye and William Mason, with the Orange County District Court on Aug. 27.

When she filed her suit, McCarver joined a lengthy list of local residents represented by the Moyston law Firm who are seeking to recover the full portion of their Rita claims.

According to the plaintiff's original petition, McCarver submitted a claim for windstorm damages and was "wrongfully" denied at least a portion of her claim.

The suit says McCarver asked the insurance company to cover the cost of repairs to her property but Allstate "misrepresented" the policy to her and denied at least a portion of her claim, "even though the damage was caused by a covered occurrence."

"Defendant failed to explain to plaintiffs the reasons for their offer of an inadequate settlement," the suit said, adding that Allstate and its adjuster refused to conduct a reasonable investigation and breached its contractual violation.

The suit faults Allstate for breaching its contract and duty of good faith and fair dealing, and also alleges the insurance company committed several violations of the Texas Insurance Code.

Furthermore, the suit says the adjusters are also guilty of several Insurance Code violations and accuses all defendants of committing fraud.

The plaintiff is suing for the unpaid claim, actual and compensatory damages, economic hardship, plus exemplary damages and damages for mental anguish.

The case has been assigned to the 163rd Judicial District.

Case No. B070419.c