GALVESTON – A Galveston County property owner alleges public adjusters failed to timely file information and lost her right to damages under a flood insurance policy.
Gracie Reese filed a complaint on Sept. 8 in Galveston County District Court against Aftermath Public Adjusters Inc. and Michael Bacigalupo alleging breach of contract, negligence and other counts.
According to the complaint, the plaintiff alleges that in Sept. 13, 2008, her real property was damaged by Hurricane Ike. Shortly after, the suit states she entered into a contract with Aftermath Public Adjusters to represent her in a claim over the damages caused by flooding.
The plaintiff holds Aftermath Public Adjusters Inc. and Bacigalupo responsible because the defendants allegedly failed to timely file the appropriate proof of loss form along with the required supporting documentation and failed to advise the insured that the appropriate proof of loss form had to be timely filed or the insured’s claim would be forever barred. As a result of defendants' actions, she alleges she lost her right to recover the full amount of her damages under her flood insurance policy.
The plaintiff requests a trial by jury and seeks monetary relief of more than $200,000 but not more than $1 million, attorney fees, costs of court, pre- and post-judgment interest and all other relief to which she is justly entitled. She is represented by Timothy A. Hootman in Houston.
Galveston County District Court Case number 16-CV-1065