Couple claims insurance agent took money owed to them

By Kelly Holleran | Mar 12, 2013

A Jefferson County couple claims they have yet to be reimbursed for windstorm insurance coverage that was not covered under their insurance policy, but for which they paid.

John and Pamela Forsander filed a lawsuit Feb. 27 in Jefferson County District Court against Bradley G. Burkhalter.

In their complaint, the Forsanders allege they paid Burkhalter for wind insurance coverage on their property in Wellington Oaks in Beaumont and to cover their rental property on Westgate Drive in Beaumont.

More specifically, in 2009, the Forsanders paid Burkhalter $3,149 for the coverage. When Burkhalter failed to secure the required insurance for the homes in 2009, the Forsanders were forced to incur an additional $6,479 in costs, according to the complaint.

Texas Windstorm Insurance Association reimbursed the Forsanders $1,711 in 2011, but Burkhalter kept the money, the suit states. Finally, in 2011, the Forsanders paid earned premium amounts on their insurance policies of $301 and $32, but failed to receive value for the amounts, the complaint says.

The plaintiffs allege breach of contract, misrepresentation and fraud against the defendants and say they violated Texas Deceptive Trade Practices Act.

In their complaint, the Forsanders seek treble and exemplary damages, plus pre- and post-judgment interest at the maximum rate allowed by law, attorney’s fees, costs and other relief the court deems just.

John Pat Parsons of Lindsay, Lindsay and Parsons in Beaumont will be representing them.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E194-013

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