HOUSTON — A Harris County jury found that property damage was not covered by the Texas FAIR Plan Association that a man alleged happened during Hurricane Harvey in 2017.
The jury verdict was reached on Aug. 4 in Harris County Court. The jurors found that damages to the dwelling roof, gutters, chimney, siding, exterior paint, main bedroom, deck, storage shed and general conditions were not sustained covered damages from Hurricane Harvey.
"'Covered damage' is direct physical loss to the property that was caused by windstorm or hail and was sudden and accidental," the jury verdict form states.
Covered damage does not mean it was caused by rain, according to the form.
The jurors answered "no" for all nine conditions. The jury verdict was unanimous.
In his amended petition, Harvey Guidry claimed he suffered a significant loss to his home. Guidry claimed he submitted his claim to the defendant with a date of loss for damage to the dwelling and contents of the home.
"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 petition states. "Defendant improperly paid Plaintiffs claim for replacement of the property, even though the policy provided coverage for losses such as those suffered by Plaintiff."
Guidry claims the defendant failed to perform its contractual duty in failing to adequately compensate Guidry under the terms of the policy. He claims the defendant failed to meet its obligations under the Texas Insurance Code.
In its answer, Texas FAIR Plan Association denied each and every allegation in the plaintiff's petition. It also argues Guidry failed to provide all the information requested to determine whether to accept or deny coverage and did not keep an accurate record of repair expenses.
"Plaintiff's claims are barred by Plaintiff's material breach of the Policy, including but not limited to failure to comply with all duties after loss as stated..." the answer states. "Likewise, this Defendant cannot be held liable for delays in the appraisal process caused by the conduct of Plaintiff or third parties over whom this Defendant had no control."
Texas FAIR Plan Association is represented by James R. Old of Hicks Thomas in Beaumont.
Guidry is represented by Eric B. Dick of Dick Law Firm in Houston.
Harris County Court case number: 1136776