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SOUTHEAST TEXAS RECORD

Saturday, April 20, 2024

TWIA files jurisdictional plea in JC Harvey suit, argues appraisal is only remedy

Insurance 07

BEAUMONT – The Texas Windstorm Association recently filed a plea to the jurisdiction in a Hurricane Harvey lawsuit, arguing appraisal is the only remedy for the plaintiff.

Adriana Ceja filed suit against TWIA on June 22 in Jefferson County District Court, alleging breach of contract.

According to the lawsuit, Ceja claims Harvey damaged her Port Arthur property in August 2017.

TWIA adjusted her claim. She alleges the adjuster conducted a substandard investigation and TWIA failed to accept coverage in full.

On Nov. 16, TWIA filed a plea to the jurisdiction and, in the alternative, motion for summary judgment, asserting Ceja’s “only remedy to dispute coverage TWIA accepted is to request appraisal.”

Ceja is suing for actual damages, plus attorney’s fees.

Daly & Black attorney Aaron Bender represents her.

TWIA is represented by Germer attorney Dale “Rett” Holidy.

Judge Justin Sanderson, 60th District Court, is presiding over the case.

Case No. B-199350

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