HOUSTON — A man awarded a judgement after he suffered a dog attack at a property with no homeowners insurance coverage is now suing the mortgage lender for allegedly allowing the coverage to lapse.
Esteban Garcia filed a complaint Feb. 20 in Harris County District Court against Caliber Home Loans Inc.
According to the complaint, the plaintiff suffered injuries on July 18, 2015, when he was attacked after Teresa and Jesse Garcia "allowed their unrestrained dog to run through an open gate." The plaintiff alleges the Garcias had a mortgage on their property with homeowners insurance that would have provided liability coverage but "during the pendency" of the claim, the mortgage had been sold and transferred to another entity.
He further claims he was told the Garcia's homeowners policy was "not in force" on the date of the dog attack. The plaintiff alleges that Caliber Homes, who issued and managed the Garcia's loan conditions, failed to timely secure a new home owners insurance policy to replace the policy covering the Garcia's property. According to his suit, the plaintiff was awarded a judgement of $13,374 in May of 2019.
The plaintiff seeks monetary relief of less than $65,000, interest and all other just relief. He is represented by Adam Criaco of Criaco & Associates in Houston.
Harris County District Court case number 2021-09706