HOUSTON – A second motion for continuance was recently filed in an insurance lawsuit being handled by Houston attorney Eric Dick.
Seeking $100,000 or less, Hoa Nguyen and Quynh Truong filed suit against Homeowners of America Insurance Company on May 28, 2019 in Harris County.
According to the lawsuit, the plaintiff suffered a significant loss to a property insured by HOAIC, which the company allegedly failed to properly adjust.
Eric Dick
| dicklawfirm.com
“Defendant failed to properly adjust the claim and summarily improperly paid the claim with obvious knowledge and evidence of serious cosmetic and structural damage,” the suit states.
In its answer, HOAIC argued the plaintiffs’ claims are barred because the damages were caused by wear and tear, deterioration and defective design.
Court records show that when the case was set for trial in mid December of 2019, the plaintiffs filed a motion for continuance on Dec. 3, 2019, stating that the parties are still conducting discovery and a continuance is necessary in order to properly prepare for trial.
Nearly two years later, the plaintiffs filed a second motion for continuance on Oct. 13 – five days before the case was set on the court’s trial docket.
“The parties have yet to try and resolve this matter through mediation,” the motion states. “Counsel for Plaintiff requests that this case be ordered to meditation. Additionally, the parties are still conducting discovery. A continuance is necessary in order to properly prepare for trial.
“Given the facts of this case, a four month continuance is being requested by Plaintiff.”
As of Oct. 26, no order is on file as to whether the court granted the motion.
The defendant is represented by attorney Micah Kessler of Nistico, Crouch & Kessler.
Case No. 1134358