Performance Maintenance Service alleges insurance agent drafted incorrect policy

By Kristine Gonzales-Abella | Jan 30, 2019

HOUSTON – A cleaning and maintenance service provider alleges its insurance agent failed to provide it with an appropriate insurance policy.

Performance Maintenance Service filed a complaint on Jan. 3 in the Harris County District Court against Burtine Faulk Higgins alleging breach of contract and other counts.

According to the complaint, the defendant had been plaintiff's insurance agent since 2006 and in April 2017, the plaintiff asked the defendant to renew its general commercial liability insurance. The plaintiff alleges the defendant failed to inform it that the policy would be different than the one it requested and paid for, and it learned the defendant drafted an incorrect policy after it was sued by a Kroger customer in a slip-and-fall case. The plaintiff alleges the policy drafted for it did not cover bodily injury.

The plaintiff holds Higgins responsible because the defendant allegedly failed to provide it with an insurance policy that fully protected it.

The plaintiff seeks all damages, attorney's fees, costs and all other relief deemed proper and necessary. It is represented by Elizabeth Bohorquez of Bohorquez Hoefker PLLC in Houston.

Harris County District Court case number 2019-00418

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Bohorquez Hoefker Harris County District Court Performance Maintenance Service

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