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SOUTHEAST TEXAS RECORD

Thursday, April 18, 2024

Mostyn Law doesn’t like being cheated

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It’s fun when bullies stop picking on everyone else and turn on each other. We’re seeing this more often with advocates of political correctness running afoul of their own ever-growing list of strictures and being savaged by their even more intolerant fellows. 

It’s kind of like watching hyenas fight over a carcass, or plaintiffs attorneys over fees.This latter pitched battle is also becoming increasingly common.

Steven Badger, who represents the insurance industry in hail-and-wind related litigation, reports an upswing in “lawsuits brought by lawyers, public adjusters, estimators, and others fighting with one another over referral fees, commissions, and estimate charges.”

Mostyn Law recently filed suit in Harris County District Court against TIAA Commercial Finance and bank employee Makala Marsh for failing to remit the firm’s fee for settlement of a Superstorm Sandy claim.

A Mostyn Law client obtained a recovery of $166,682.91. The firm sent the settlement check to the mortgage holder (TIAA), expecting to receive a check in return to cover its fee of $43,627.79.

“Rather than honor its agreement and follow through on its representations, TIAA Bank kept the insurance proceeds and sent a letter to Mostyn Law that directly contradicted its earlier representations,” the suit states.

“Mostyn Law attempted to follow up on the matter but was continually given contradictory responses or was ignored altogether by TIAA Bank.”

If their representation of what occurred is accurate, Mostyn lawyers have a right to be sore and to seek redress. It’s interesting to note, however, that they’re not always so scrupulous when they’re the ones benefiting from “miscalculations.”

Like four years ago, when they tried to inflate a claim against State Farm by Hidalgo County homeowners already compensated for 2012 hail damage.

Or a couple of months later, when they tried to boost the compensation already received from State Farm by another client.

Or last year, when McAllen attorney J. Michael Moore filed a breach of contract suit against Mostyn Law in Hidalgo County District Court.

No one likes being cheated, but some don’t mind cheating.

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