If anyone can sue their insurance company, David Self Motors can.
Alleging the dealership's insurance providers refused to pay for all the damages inflicted by Hurricane Ike, David Self Motors filed suit against Westchester Surplus Lines Insurance, CJW & Associates and Edward Grisham.
The suit was filed Sept. 29 in Orange County District Court.
The dealership is suing for both its Orange and Winnie properties.
Hurricane Ike struck Southeast Texas on Sept. 13, 2008, "causing severe damages to homes and businesses throughout the gulf-coast region, including plaintiff's property," the petition states.
Court papers show the dealership submitted a claim to Westchester for business interuption loss. In turn, Westchester assigned CJW to adjust the claim. CJW then assigned Grisham as the individual adjuster.
"Westchester wrongfully denied plaintiff's claim for business interruption loss, even though the policy provided coverage for such losses," the suit states, adding the the insurance company also underpaid other claims.
The suit alleges the defendants failed to perform their contractual duties, and are guilty of violating the Texas Insurance Code.
David Self Motors is suing for actual and consequential damages.
The dealership is represented by Beaumont attorney Michael Ramsey of the Mostyn Law Firm.
Judge Pat Clark, 128th District Court, has been assigned to the case.
Case No. A100658c