Insurer, agency sued for negligence, violation of Texas Insurance Code

The complainants allege the two insurers breached contract by failing to provide coverage after an automobile accident

Insurance News

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An insurance carrier and independent agency are being sued for breach of contract after they refused to cover losses resulting from an automobile accident.

Judy and Lynn Snowden of Beaumont, Texas were struck in their vehicle in 2014 after a driver lost control of her car and crossed the center line, causing them to spin. Both Snowdens suffered serious injuries as a result of the accident.

Upon applying to their insurance company for coverage, however, they were told their policies were not in force or effect.

The Snowdens filed suit in Jefferson County District Court against Foremost insurance Company and Elbert Insurance Agency (doing business as Brazoria Insurance Agency), as well as the driver.

The suit alleges that the insurance companies were negligent and in violation of the Texas Insurance Code, as well as breach of contract. Despite complying with all the terms of the policy, the Snowdens say, they were told their vehicle was not insured at the time of the accident.

The complaint demands a jury trial, damages related to personal injury, exemplary/unlimited damages for intentional conduct and prejudgment interest, along with attorney’s fees.

The Snowdens are represented by Mitchell Toups of Weller, Green, Toups and Terrell LLP.
 

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