Houston property owner alleges insurance company failed to pay coverage

By Noddy A. Fernandez | May 10, 2017

HOUSTON — A Houston property owner is suing an insurance company, alleging breach of contract by refusing pay coverage claims.

Enedelia Gonzalez filed a complaint May 4 in Harris County Circuit Court against ACE European Group Limited, alleging violation the Texas Deceptive Trade Practices Act (DTPA).

According to the complaint, on April 18, 2016, Gonzalez experienced severe damage to her property on Daywood Drive due to weather-related event. The suit says she reported the loss to ACE European to get an insurance claim for the covered loss under the her policy. 

The lawsuit states Gonzalez was denied her claim after the defendant's investigation and was only offered a settlement for hail damage. As a result, the suit says, Gonzalez was forced to bear her own costs and prepare her own estimate that amounted to $29,087.86 for a complete replacement of the home's roof. 

The plaintiff alleges ACE European failed to perform its contractual duties to adequately compensate the insured under the terms of the policy and refused to pay the full proceeds owed under the policy.

Gonzalez seeks trial by jury, damages, plus attorney fees, costs of court, pre- and post-judgment interest and all other just relief. She is represented by attorneys James M. McClenny and J. Zachary Moseley of McClenny Moseley & Associates PLLC in Houston.

Harris County Circuit Court Case number 2017-30088

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