Seeking treble damages, plaintiffs David and Sue James filed suit against the Texas Windstorm Association and other defendants in Jefferson County District Court.
Their case has been set for trial on Feb. 21.
According to the Jameses’ first amended petition, the couple had an insurance policy with TWIA. On Sept. 24, 2005, Rita struck, causing severe damage to businesses and homes throughout the Golden Triangle.
The plaintiffs submitted a claim to TWIA for roof, water, wind and structural damage to their property.
The plaintiffs contend the defendants “set out to deny” and “underpay” the claim, denying them sufficient payment to repair their property.
The defendants are accused of breach of contract, fraud, Texas Insurance Code violations, conspiracy to commit fraud and breach of the duty of good faith and fair dealing.
The plaintiffs are also seeking actual damages and damages for their mental anguish.
Mostyn Law attorneys Steve Mostyn and Justin Burrow represent them.
Brush Country Claims and David Gutierrez are also named as defendants.
Judge Justin Sanderson, 60th District Court, will preside over the trial.
Cause No. B-183464