Insurance Provision Limiting Lawsuits to 2 Years Within Date of Loss Should be Void, Class-action States
Limiting a lawsuit to being filed within two years of an insured loss is unrealistic in light of the actions required leading up to filing suit, three Jefferson County residents state in a putative class action lawsuit against their insurance company.
Percy LeBlanc of Neches Avenue in Port Arthur and Douglas and Sandra Hill of Sunbird Lane in Beaumont stated they had insurance with defendant GeoVera Specialty Insurance Co. The plaintiffs made a claim on the policy after Hurricane Ike struck on Sept. 13, 2008, causing damage to their properties, the complaint filed April 4 in Jefferson County District Court states.
Later, a dispute between the plaintiffs and GeoVera arose and the plaintiffs filed a lawsuit against the defendant. GeoVera, though, has claimed that its insurance policies prohibits its insureds from filing a lawsuit more than two years following a disaster, the complaint states. The plaintiffs claim the provision should be void.
“It is impossible for the cause of action to accrue on the day of the loss, as the contract also requires the insured and the insurer to perform numerous actions before the suit can be filed,” the suit states. “Therefore, the Suit Against Us clause in the GeoVera policy is void because it limits the time to bring the suit to less than two years from the time the cause of action accrues.”
The plaintiffs contend that numerous people throughout Texas are subject to the provisions in the policy. They want to file a class action on behalf of those who have a policy with the provision. The plaintiffs are seeking a declaratory judgment, plus attorneys’ fees, costs and other relief the court deems just.
Gregory F. Cox, Michael R. Ramsey and Katherine D. Ramsey of The Mostyn Law Firm in Beaumont are representing the plaintiffs. The case has been assigned to Judge Bob Wortham, 58th District Court.