Port Arthur couple sues Old American over auto crash payment

By Kelly Holleran | Mar 2, 2011

Two Port Arthur residents claim they face losing thousands of dollars in damages from a car collision.

Edelmira and Krystal Rhodes claim they sustained injuries in a collision that occurred on Aug. 12, 2007, in Jefferson County. As a result of their injuries, the Rhodes filed a lawsuit May 22, 2009, in Jefferson County District Court against Gabriel Rogelio Herrera and Eugenio Herrera.

According to the Rhodes' current complaint filed Feb. 16 in Jefferson County District Court, the Herreras should have been covered under a policy issued by defendant Old American County Mutual Fire Insurance Co. However, Old American is denying the Herreras' claim, the suit states.

"Plaintiffs' claim is affected by this action in that its ability to actually recover their full, properly pled damages is endangered by denial of coverage," the complaint says.

In their suit, the Rhodes seek a declaration that the Herreras had insurance coverage through Old American at the time of the collision and that coverage should be acknowledged. They also seek attorneys' fees, costs, pre- and post-judgment interest at the legal rate and other relief the court deems just.

Paul T. Ferguson Jr. and Ryan M. Schafer of Provost and Umphrey Law Firm in Beaumont will be representing them.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B189-381

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