An East End resident is suing a Dallas-based insurance company for not fully paying a claim for roof damage and water damage resulting from Hurricane Ike.
Ruby Jackson filed suit in Harris County District Court on Sept. 10, alleging that the Capitol County Mutual Fire Insurance Co. has denied a portion of the claim for her house at 7314 Bastogne Rd.
She alleges the company denied the claim without adequately investigating the home.
The claim remains unpaid and Jackson has been unable to make the necessary repairs, the suit indicates.
In the suit, Jackson says the damages occurred to her property should be covered by her policy. She says that the insurance company has refused and failed to pay benefits as covered under the policy, resulting in a breach of contract. She also alleges that Capitol misrepresented that the damages were not covered under her policy and that the company failed to make an attempt to settle her claim in a fair manner, among other violations of the Texas Insurance Code.
Jackson is being represented by Jason Speights and Todd Worrich of San Antonio. She is seeking to be paid the amount of the claim plus, damages related to breach of contract, and an 18 percent annum penalty on damages as part of section 542 of Texas Insurance Code as well as prejudgment interest and attorney’s fees.
In addition, the lawsuit shows that Jackson is pursuing damages due to Capitol knowingly and intentionally committing deceptive trade practices and unfair insurance practices. The suit also says that she is entitled to additional damages as part of section 541 of the Texas Insurance Code as well as exemplary damages.
Sources:
Harris County District Court Case No. 2010-62840.