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National Bank Accuses Insurance Company of Breach of Contract Over Settlement Agreement

SOUTHEAST TEXAS RECORD

Sunday, January 5, 2025

National Bank Accuses Insurance Company of Breach of Contract Over Settlement Agreement

State Court
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Judge Sylvia A. Matthews | District Courts of Harris County

First National Bank Texas has taken legal action against an insurance company, alleging breach of contract and fraudulent inducement. The complaint was filed by First National Bank Texas in the District Court of Harris County, Texas, on November 15, 2024, against Superior Underwriters General Agency Inc.

The case stems from a motor vehicle collision that occurred on June 13, 2024, in Houston, Texas. Involved in the accident were Davidson Montoya Dominguez and Bertin Lopez Ferrara. Superior Underwriters provided insurance for Dominguez's vehicle while First National Bank held a lien on Ferrara's vehicle. According to the bank's petition, they entered into a settlement agreement with Superior Underwriters where the insurer agreed to pay $25,000 to the bank in exchange for releasing claims related to the accident and transferring possession of Ferrara’s totaled vehicle to them. However, despite taking possession of the vehicle, Superior Underwriters allegedly failed to fulfill their payment obligation under this agreement.

First National Bank asserts that it performed its contractual obligations by releasing claims against Dominguez and others involved in the incident. The bank accuses Superior Underwriters of breaching their contract by not providing the agreed-upon payment. Additionally, they claim fraudulent inducement on part of Superior Underwriters for making false representations about their intention to comply with the settlement terms.

In seeking redress from the court, First National Bank is asking for compensatory damages including pre- and post-judgment interest as well as reasonable attorney fees incurred during litigation. They are also pursuing further relief deemed justly entitled by the court.

Representing First National Bank are attorneys William P. Huttenbach and Greg S. DeVries from Crain, Caton & James P.C., while Maria Moreno is associated with Superior Underwriters General Agency Inc. The case is presided over by Judge Christopher Matthews under Case ID 2024-80731.

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