SE Texas Record

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Parties dismiss appeal of hurricane damage trial

By David Yates | May 11, 2012


In October 2010, a Jefferson County jury concluded Liberty Lloyds of Texas Insurance failed to pay all damages owed to John and Deborah Cahill following Hurricane Rita.

Nearly two years later, on May 10 the parties in the case filed a joint motion to dismiss an appeal over the verdict.

According to the charge of the court, the verdict totaled $575,500, with jurors awarding $230,500 to the Cahills and an additional $344,000 to their attorneys.

Court records show the Cahills filed suit against Liberty Lloyds, Liberty Mutual and claims adjuster Robert Sherman in August 2007, claiming the defendants failed to fully compensate them after Hurricane Rita damaged their Beaumont home in September 2005.

Several months after the trial, Liberty Lloyds filed an appeal in the Ninth Court of Appeals of Texas on March 28, 2011, court papers say.

"The appellant Liberty Lloyds and ... John Cahill and Deborah Cahill filed a joint motion to dismiss this appeal," writes Justice Charles Kreger in the court's opinion.

"The motion is voluntarily made by the parties prior to the issuance of an opinion by this Court. We grant the motion and dismiss the appeal."

Although jurors found that Liberty failed to comply with the Cahills' policy, they concluded that the insurance company did not act with malice and declined to award exemplary damages to the couple.

The Cahills are represented in part by Houston attorney Steve Mostyn, who has filed thousands of hurricane damage claim suits in Southeast Texas courts.

Liberty is represented in part by attorney Wayne Pickering of the Houston law firm Martin, Disiere, Jefferson & Wisdom.

Judge Donald Floyd, 172nd District Court, presided over the trial.

Trial case No. E179-743
Appeals case No. 09-11-00151-CV

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