SE Texas Record

Thursday, October 17, 2019

Mostyn Law hail suit called up for trial then dropped, mistrial had already been declared during Harvey

By David Yates | Nov 6, 2017

McALLEN – The day after a Mostyn Law hail lawsuit was called up for trial, the plaintiff in the case filed a notice of non-suit.

Seeking up to $1 million in damages, David and Valerie Calvillo filed suit against USAA Texas Lloyd’s in June 2014, claiming the insurer failed to adequately compensate them after a hailstorm damaged their McAllen home nearly two years earlier.

David Calvillo is an attorney for the Chamberlain Hrdlicka law firm.

“Defendant USAA failed to conduct a reasonable investigation of Plaintiffs’ claim,” states the plaintiffs’ third amended petition.

“USAA’s personnel failed to thoroughly review and properly oversee the work of its assigned adjusters, ultimately approving an improper adjustment and an inadequate, unfair settlement of Plaintiffs’ claim.”  

Court records show the case was originally called up for trial while Hurricane Harvey was still active on Aug. 24. Four days later, a mistrial was declared and a new trial was set for Oct. 23.

With the re-trial looming, the plaintiffs filed a fourth motion for continuance in the case on Oct. 16, this time stating they were unaware the court would be unavailable for certain dates during the trial.

The motion also alluded to USAA’s special exceptions, which was filed Oct. 12 and maintained the plaintiffs’ second amended petition failed to state how it caused injury.

“Without knowing Plaintiffs’ theory of causation for their “premium-fraud” claim, USAA Texas Lloyd’s is unable to prepare an adequate defense to that claim,” the special exceptions states.

A third amended petition was filed Oct. 20, court records show.

On Nov. 2 the case was called for a final pre-trial hearing, with both sides present and announcing that they were ready for trial.

A day later, the plaintiffs, through Mostyn Law attorney Gregory Cox, filed a notice of non-suit without prejudice, court records show.

USAA is represented in part by David Stephens, attorney for the San Antonio law firm Lindow Stephens Treat.

Cause No. C-6002-14-H

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Mostyn Law Firm