Last summer, Fireman’s Fund Insurance, as subrogee of RSC Equipment Rental, sued Southeast Texas Industries, alleging the company is responsible for rental equipment damaged during Hurricane Ike.

As previously reported, the suit was filed July 16 in Jefferson County District Court.

Court records show that on Jan. 22 the plaintiff filed a motion to dismiss with prejudice, which was granted the following day.

The lawsuit alleged that on Aug. 15 and Aug. 21 of 2008, STI entered into rental agreements with RSC for various pieces of equipment.

On Sept. 13, 2008, Hurricane Ike struck, damaging the rental equipment in STI’s possession.

Under the terms of the rental agreement, STI was responsible for physical damage to the equipment and also loss of use damages, the suit states.

The plaintiff was suing for $64,036 in actual and consequential damages, plus attorney’s fees.

Houston attorney Jason Schulze of Cozen O’Connor represented the insurer.

Judge Gary Sanderson, 6oth District Court, presided over the case.

Case No. B192-680

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