BEAUMONT – For the second time in two months, a district court has opted to keep a Hurricane Harvey lawsuit brought against the Texas Windstorm Insurance Association in his court.
Alleging breach of contract, Angelita Gonzalez filed suit against the quasi-governmental entity on June 25 in Jefferson County District Court.
She claims her Port Arthur property was damaged by Harvey last August. TWIA’s adjuster allegedly conducted a “substandard investigation” and failed to include all of her damages.
Bender
In response, TWIA filed a plea to the jurisdiction, which was denied by Judge Baylor Wortham, 136th District Court, on Oct. 3, court records show.
On Nov. 2, TWIA filed a motion for reconsideration, arguing once again that it issued payment for Gonzalez’s roof in the exact amount represented by her and stating that it “is unclear how this is anything but a benefit to” her.
“The parties came before this Court on October 3, 2018, to argue TWIA’s plea,” the motion states. “Based on the Court’s comments made during this hearing, Defendant is concerned regarding the Court’s impression that TWIA engages in ‘gamesmanship’ in adhering to the statutory scheme set out by the Texas Legislature.
“Defendant believes it is crucially important that TWIA be given the opportunity to refute this misimpression, and Defendant requests the Court provide it with another opportunity to do so.”
Judge Wortham denied the motion for reconsideration following a Nov. 26 hearing, according to a courthouse official.
Eight years ago, the Record reported on a lawsuit brought by an Angelita Gonzalez of Port Arthur against TWIA over Hurricane Ike Damages.
Gonzalez is represented by Aaron Bender of the Houston law firm Daly & Black.
TWIA was represented by David Salyer, an attorney for the Galveston law firm of McLeod, Alexander, Powel & Apffel.
Case No. D-201964