HOUSTON – An insurance lawsuit will remain in Jefferson County despite efforts to remove the case to the county where the plaintiff actually lives.
In December 2017, a pipe burst in the home of James Stutts, who lives in Montgomery County. Stutts filed an insurance claim with Mountain Valley.
While handling the claim, Mountain Valley examined Stutts after placing him under oath in Jefferson County.
Nearly two years later, Stutts filed suit against Mountain Valley, GEICO Insurance, National General Insurance, Prostar Adjusting and two individuals in Jefferson County District Court.
Court records show the defendants sought to transfer venue to Montgomery County, the “county in which the insured property was situated” when his loss occurred.
In May, Judge Justin Sanderson, 60th District Court, denied the motions to transfer venue.
Less than a month later, the defendants turned to the Ninth Court of Appeals.
On Sept. 17, justices held Sanderson did not abuse his discretion, finding that the defendants have not shown they do not have an adequate remedy to correct the trial court’s permissive venue ruling.
Appeals case No. 09-20-00155-CV