Trial of hail lawsuit ends with TWIA victory

By David Yates | Oct 10, 2018

ANGLETON – A Brazoria County jury recently found the Texas Windstorm Insurance Association properly denied a hail claim brought by a man who waited more than 300 days to make the claim.

Plaintiff Randy Mobley filed his suit in June of 2016, alleging TWIA improperly denied his claim for hail damage from a storm that hit the Lake Jackson area on April 17, 2015.

Mobley alleged the adjuster sent by TWIA performed an “unreasonable investigation,” failing to identify numerous examples of hail damage to his roof.

The case went to trial earlier this month and ended with the jury finding TWIA’s denial of Mobley’s claim was proper, according to the jury charge, which was filed Oct. 4.

“TWIA’s position has always been that we will pay what we owe under the policy, and we have a responsibility to our policyholders to ensure that we will only pay for meritorious claims,” said Jennifer Armstrong, a TWIA spokesperson.

“In this case, the jury agreed with TWIA’s position based on the facts of the case.”

Court records show Mobley did not make his claim for hail damage until February 2016, more than 300 days after the storm hit in April 2015.

When Mobley’s claim was denied, he was advised that if he disagreed to contact TWIA as soon as possible and provide any information or documents he had in support of the claim, according to TWIA’s amended answer.

“Plaintiff did not provide any responsive information to this request before suit was filed or thereafter,” the answer states, adding that Mobley also failed to provide proper notice before bringing his suit.

“This failure to provide timely or adequate notice prevented TWIA from exercising its rights under the policy and Texas Law, specifically causing delay and potentially unnecessary expense to all parties.”

TWIA is represented by James Old Jr., an attorney for the Hicks Thomas law firm in Beaumont.

Mobley is represented by the Daly & Black law firm in Houston.

Case No. 87328-CV

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