Suit against windstorm insurer seeks funds for Ike damage

By Kelly Holleran | Feb 18, 2009

A Beaumont homeowner has filed suit against Texas Windstorm Insurance Association, alleging he was not paid money to which he was entitled after Hurricane Ike destroyed sections of his home.

When Sean Stotsky's property at 1360 Prairie in Beamont sustained dwelling and contents damages on Sept. 13 during Hurricane Ike, he submitted a claim to TWIA, which had insured his property, according to the complaint filed Feb. 10 in Jefferson County District Court.

However, TWIA improperly adjusted Stotsky's claim for the repairs of his property, even though the policy provided coverage for losses, he claims.

"Defendant misrepresented to Plaintiff that the damage to the property was not in excess to the amount paid, even though the damage was caused by a covered occurrence," the suit states.

TWIA also failed to make an attempt to settle Stotsky's claim in a fair manner, a violation of the Texas Insurance Code, unfair settlement practices, he claims.

It refused to fully compensate Stotsky, even though it did not conduct a reasonable investigation, which constitutes another violation of the Texas Unfair Competition and Unfair Practices Act, he alleges.

TWIA breached its contract with Stotsky by refusing to pay the policy, according to the suit.

Stotsky is seeking three times his actual damages, plus 18 percent post-judgment interest per annum and exemplary damages.

Jason M. Byrd and Wyatt D. Snider of Snider and Byrd in Beaumont will be representing him.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A183-250

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