DALLAS – On Jan. 12 State Farm Lloyds emerged victorious in the trial of a hailstorm lawsuit brought through the Mostyn Law Firm in Houston.
Represented by firm founder Steve Mostyn, plaintiff Juanita Arvizu, along with two other individuals, originally filed suit against State Farm and two adjusters on May 23, 2014 in Dallas County District Court, alleging fraud, breach of contract and noncompliance with the Texas Insurance Code.
According to the lawsuit, on June 13, 2012, a hailstorm struck Dallas County, damaging the plaintiffs’ residence. The plaintiffs filed a claim with State Farm for roof, structural, water and wind damage.
Arvizu alleges the defendant adjusters sent by State Farm were improperly trained and failed to perform a thorough investigation, grossly undervaluing the damages caused by the storm.
Court records show that Dec. 15 State Farm filed a second amended answer, asserting it properly and timely paid the plaintiffs the actual cash value of their alleged damage.
“Plaintiffs accepted the final payment and did not indicate at any time during the adjustment of their claim that they had suffered any additional damage or disagreed with the amount of the loss, or, otherwise, objected in any way to
State Farm's payment,” the answer states.
“In fact, no such information was provided until their attorneys sent a demand letter for almost the full amount of the policy limits almost two years after the alleged date of loss.
“Thus, Plaintiffs' claims herein fail.”
The policy limit was around$100,000.
At trial, jurors were asked to determine whether State Farm failed to comply with the terms of the insurance policy, to which they answered: “No,” according to the charge of the court.
They jury further found that State Farm did not engage in any unfair or deceptive acts that damaged Arvizu, awarding her no damages.
Dallas attorney Neil Rambin of Sedgwick LLP represents State Farm.
In October, Gregory Cox, a Mostyn Law Firm attorney, replaced Mostyn as lead counsel, court records show.
Case No. DC-14-05540