Mostyn Law wins Texas homeowners’ hurricane damage claim after decade-long fight with insurer
By a
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Under current state law, more than
The case marks the final civil damage suit between a homeowner and TWIA stemming from Hurricane Rita, which ravaged coastal
The decision is significant because the jury found that TWIA "knowingly" acted in bad faith by refusing to pay the claim - which the court defined in the jury's instructions as "actual awareness . . . of the falsity, deception or unfairness of the conduct in question."
Evidence presented at trial before District Judge
The hidden estimate wasn't discovered until after
The jury's verdict also is notable because it recognized that because TWIA acted in bad faith, the company should pay the cost of the James' attorneys, who had been involved in the case for a decade. The jury awarded more than
"TWIA knowingly violated the Texas Insurance Code," he said. "That's why penalties and interest are appropriate here. Currently,
The James, who live in the small community of
The case is styled A180332,
Keywords for this news article include: Homeowners,
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