James Harris and Tina Rose have filed a lawsuit against their insurance provider, alleging that the company failed to honor its contractual obligations. The complaint was filed on January 24, 2025, in the District Court of Harris County, Texas, against American Mercury Lloyds Insurance Company. The plaintiffs claim that their property suffered significant damage during the policy period, but the insurance company improperly denied or underpaid their claim.
According to the petition, James Harris and Tina Rose are residents of Harris County and hold a property insurance policy with American Mercury Lloyds Insurance Company. On January 24, 2023, their property located at 4622 Shadow Glass Dr., Katy, Texas, experienced serious damage due to a covered loss under the policy. Following this event, they made a claim for payment from the insurance company for damages incurred. However, they allege that the insurer conducted a substandard investigation and undervalued the damages. "Defendant's communication failed to provide a reasonable explanation for why it did not owe Plaintiff the full costs incurred," states the petition.
The plaintiffs accuse American Mercury Lloyds Insurance Company of several violations of Texas law. They allege breach of contract by wrongfully denying or underpaying their claim and assert violations of the Prompt Payment of Claims Statute as well as unfair claim settlement practices under Chapter 541 of the Texas Insurance Code. The plaintiffs argue that these actions were conducted knowingly by the defendant and seek exemplary and/or treble damages as provided by law.
Harris and Rose are seeking monetary relief not exceeding $250,000, excluding interest and attorney's fees. They request compensation for actual damages including court costs and attorney’s fees for prosecuting this case through trial and any appeals. Additionally, they seek statutory penalties and interest along with punitive damages due to what they describe as an outcome-oriented investigation by their insurer which resulted in biased evaluations depriving them of benefits owed under their policy.
Representing James Harris and Tina Rose is Joe Gibson from Gibson Legal Group PLLC along with Jeff L. Larson. The case is being presided over in Harris County District Court with Case ID: 2025-04807.