Attorney Lesley Little litigated and settled hail claims for East Texas business owners after the insurance companies initially refused to pay. Buck Keenan’s clients owned two adjacent buildings in Jasper County, Texas. The building owners filed claims for hail damage that were denied under a “Cosmetic Damage” exclusion in the Policy. The building owners invoked the Appraisal provision in their insurance policy, and they ultimately obtained an Appraisal Award in their favor. Instead of paying the Award, the insurance companies filed a federal lawsuit seeking to set aside the appraisal award and pay nothing.
At this point, the building owners hired Buck Keenan Partner Les Little. Les filed a motion to dismiss the insurers’ federal lawsuit on jurisdictional grounds. After receiving the motion to dismiss, the insurers’ attorneys agreed to dismiss the federal lawsuit and re-file in state court in Jasper County. All parties briefed the issues related to setting aside an appraisal award and held a hearing in Jasper County District Court. The Judge did not immediately issue a ruling, but the parties settled their claims after the hearing, with Buck Keenan’s clients recovering more money than was included in the original Appraisal Award.
In short, Les’ clients started with no money being paid or offered by their insurers, and they ended up with more than the appraisal panel had awarded.