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SOUTHEAST TEXAS RECORD

Friday, April 19, 2024

Galveston Coutny woman sues Foremost Insurance, alleging lack of coverage

Contract

A Galveston County woman is suing an insurance company, alleging it has not covered certain damages to her insured property.

Sophia Martin filed a lawsuit July 17 in Galveston County District Court against Foremost Insurance Group (FIG), alleging breach of contract, unfair settlement practices, misrepresentation of insurance policy violations, breach of good faith and fair dealing, and prompt payment of claims violations.

The complaint states FIG issued a Texas homeowner's insurance policy to Martin, insuring her League City property against certain damages. On Aug. 8, 2014, a sudden and accidental discharge from within the HVAC unit caused interior damages to the property, the suit says.

The lawsuit alleges FIG has denied the loss and refused to compensate Martin under the policy, erroneously applying exclusion to coverage for losses caused by constant, repeated or intermittent discharges. The complaint alleges the discharge was sudden and accidental and should be covered under the policy.

The complaint says FIG has breached its duty to Martin under the conditions of the policy.

Martin seeks actual damages, statutory penalties, treble damages, exemplary and punitive damages, interests, attorney fees and costs of the suit. She is represented by attorneys Robert C. Lane and Jack Kitchen of The Lane Law Firm in Houston.

Galveston County District Court case number 15-cv-0745.

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