State Farm’s latest dishonor of trust, there they go again.
Just when we thought we’d seen the worst of shameful corporate greed from insurance companies, the Wall Street executives who control State Farm have made a decision that will be devastating for thousands of our friends and neighbors.
According to a new bombshell report, State Farm has decided not to renew thousands of insurance policies for homeowners in Southeast Texas. That means it will be harder for countless Texans to secure their families’ futures against the threats of fires and storms. And why are they doing it? It’s all about the bottom line. After wrongfully denying countless Texans and after hiking rates again and again, State Farm is kicking its paying customers to the curb, and all just to save a buck.
At the Mostyn Law Firm, we say enough is enough. You’ve joined us to fight for real reforms of the Texas Windstorm Insurance Association, and to punish wrongdoers who abused Texas homeowners, churches and businesses. Now, we are asking you to stand up with us once more. Click here to sign up to make your voice heard, and tell State Farm Insurance and their buddies in the corporate board rooms that they have messed with the wrong Texans.
For your family, and for ours —
– The Mostyn Law Firm Team
In the middle of trial, I got an email with some great news from my friend at Texas Organizing Project, Ginny Goldman. A big chunk of federal Hurricane Ike Recovery money is coming to Houston homeowners! Texas Organizing Project (TOP) is a member based organization that focuses on organizing their own neighborhoods and investing their time and energy in causes relevant to the communities they live in. TOP has been fighting for their members to receive a fair portion of the hundreds of millions in federal Hurricane Ike Recovery funds that have come into Houston over the last two years.
Hurricane victims are near and dear to my heart as we have spent years fighting insurance companies for our clients who suffered from hurricane damage, but weren’t paid fairly. TOP has been fighting for their Houston members who did not have homeowners insurance. We battle with the insurance companies while TOP battles with red tape. They have been working tirelessly over the past year to get all of the government agencies involved to agree to help. Today, there was a significant victory for homeowners in Houston and I want to take a minute to applaud Mayor Annise Parker for standing up and doing the right thing for TOP, its members and their neighborhoods. Thank you, Houston!
Mayor Annise Parker, prompted by last-minute lobbying by neighborhood activists, has agreed to reverse course and give most of a second round of Hurricane Ike housing money to repair single-family homes rather than apartments.
In the first round of money the city received in federal funding, apartment owners got $60 million of the $81 million and the second round had originally been slated to get $62 million of the city’s $94.5 million.
Single family homes are the backbone of our communities and we are thrilled that Mayor Parker has committed to “rolling up her sleeves” and join the fight for home-owners.
Click here to read the full article!
Houston, TX – The Mostyn Moreno Foundation announced today the selection of Port Arthur’s Monte Osburn as the organization’s new Executive Director Mr. Osburn will assist the foundation’s creators, Houston attorneys Steve and Amber Mostyn, in their mission to improve the lives of needy children across East Texas and greater Gulf Coast region.
Osburn brings extensive knowledge of issues related to children, education, the disabled community, and non-profit leadership to the Mostyn Moreno Foundation. For over 21 years, Mr. Osburn has worked as a licensed child care administrator providing services to hundreds of abused, neglected, and disabled children from across the state. He was most recently the Executive Director of Hughen Center in Port Arthur, Texas.
At the Hughen Center, Osburn’ s career highlights include the creation of an adult day care center, extensive renovations, and turning around the organization’s financial future. Mr. Osburn is also credited with creating the open-enrollment Bob Hope Charter School.
“I am very proud of our record at the Hughen Center, and the decision to leave was not an easy one,” said Osburn. “That’s why I am excited that one of my first duties at the Mostyn Moreno Foundation will be to work with my former colleagues at the Hughen Center in developing a new facility, thanks to a generous multi-million dollar gift from Steve and Amber Mostyn,” he continued.
“Amber and I are very fortunate that Monte accepted our offer to come work together and make a real difference,” said Houston lawyer Steve Mostyn. “We founded the Mostyn Moreno Foundation to honor the legacies of two people – my mother Glenda Jean Mostyn, and our friend Joe E. Moreno. They both cared so much about spreading joy and love, and that is what inspires us to work with special needs children across East Texas and the Gulf Coast. Monte is going to help us take that work to the next level.”
“Amber and Steve Mostyn are great people with such generous hearts. They have so many ideas and so many charities they want to help, and I am thrilled to be able to work with them to make a difference in our communities,” Osburn concluded.
In addition to his previous work at Port Arthur’s Hughen Center, Mr. Osburn serves on the Texas Task Force for Special Needs Children’s Transitioning Subcommittee. He is a member of the Texas A&M Former Students Association, Texas Aggie Band Association, the Fraternal Order of Eagles Aerie #3743 and was recently elected to the board of directors of the North Port Arthur Rotary Club. He is a lifetime member of the Houston Livestock Show and Rodeo and serves on the Special Children’s committee and Transportation committee.
For more information about the Mostyn Moreno Foundation, visit www.mostynmoreno.org. and contact,
Monte Osburn: 409-548-5612
mosburn87@gmail.com
This Sunday, I read two interesting and completely opposite things: 1.) the Official Order of The Texas Department of Insurance’s (“TDI”) ruling that TWIA and TFPA violated insureds’ rights under the law and 2.) Rep. Larry Taylor’s guest column in the Galveston Daily News.
These two things were so diametrically opposed it seems one of them must have come from an alternate reality.
TDI began investigating TWIA and its sister association, Texas Fair Plan Association (“TFPA”), almost a year ago on July 21, 2010. TDI’s investigation was based mostly on the work of our law firm and the blatant violations of the insurance code we uncovered through a lawsuit filed in Galveston County. The Order issued this past Friday, July 15th, found that TWIA and TFPA violated the prompt payment act and failed to pay its policyholders for lifted shingles and overhead and profit under the contract and Texas Insurance law.
The insurance companies still are not willing to admit any wrongdoing: “TWIA and TFPA disagree with TDI’s interpretations of [the Texas Insurance Code]… and deny any violation of the prompt pay statute… TWIA denies TDI’s allegation of non-compliance with deadlines…” BUT TDI is required and TWIA and TFPA agreed to go back and review *all* of the claims in which it may have broken the law.
Early on, TWIA and TFPA would not pay insureds for what it called “lifted shingles.” Now, TWIA and TFPA have admitted that lifted shingles are a “direct physical loss” under the policies and insureds should be paid for them if they were damaged in Hurricane Ike.
Finally, TWIA and TFPA have admitted that they should pay insureds when it’s likely that money will be needed to cover the the expense of overhead and profit charged by a general contractor.
It felt good to see the results of years of hard work pay off not just in individual justice for our clients, but also with action by the state agency, TDI.
However, at the same time, coming from an alternate universe was a guest column in Sunday’s Galveston Daily News by Rep. Larry Taylor. You may remember him as the lead proponent of the TWIA “reform” bill that took away policyholders’ rights to make TWIA do what it is supposed to – pay claims promptly and fairly. He is also one of the insurance agents selling TWIA, making a greater percentage off TWIA commissions than agent’s for other companies. KHOU ran a newstory on this. It’s something he could have fixed as a member of the TWIA Oversight Board, but never did. And even after the “reform” bill passed just weeks ago and signed by Gov. Perry, TWIA agents still make 16% commission off TWIA policies- the first 16 cents out of every premium dollar every year goes straight to the agent, even for a simple renewal.
But Rep. Taylor went on the record to praise the “reform” bill as something that “will benefit the public.” He says “TWIA’s sole purpose is to issue policies and pay claims promptly and fairly. When they don’t do that, you fire the people responsible. You don’t penalize other policyholders by increasing the premiums they pay to pay ‘the penalty.’” First of all, there is no relationship between settlement of Ike lawsuits and policy rates because the lawsuits were paid through a reinsurance policy that was a “use it or lose it” policy. Wilder still… the very day the “reform” bill passed limiting insured’s ability to bring a lawsuit, TWIA raised rates 5%! But what good does that do for an individual homeowner or business who wasn’t paid promptly or fairly? If it had not been for policyholders’ efforts to get the money they deserved for the premiums they paid, none of us would ever have known that TWIA was doing wrong. Rep. Taylor, where were you in 2008? Where was your Oversight Board in 2009 during the Legislative Session? When did you call for resignations at TWIA? And how dare you blame policyholders for hiring lawyers when they never would have had to do that if TWIA had treated them right to begin with?! As a family who has a home in Galveston and attorneys who represent families, businesses and churches there, these two completely different realities cannot continue to co-exist if Galveston and the Texas Gulf Coast want to thrive. The true reality is that people and businesses on the Texas Coast deserve to be treated like the rest of the State, and not with second class rights.
Amber Mostyn
I think I have the best job at the Mostyn Law Firm- I meet with clients after their cases have settled, help them understand the legal documents finalizing their cases, and give them their checks! I get to see firsthand, every day the great work we do for our clients. A lot of them tell me that they delayed calling us because they weren’t sure they had a case. And a lot of people now think it’s too late to do anything about the way their insurance companies treated them. I want to make sure everyone knows that, depending on the facts of your claim, there’s still time. An attorney needs to review the facts of your specific situation to determine if you can pursue a lawsuit to take care of the Hurricane Ike claim your insurance company denied or underpaid. If your home and your business property is important to you, wouldn’t it be worth a few minutes of your time to ask if we can help you? I have had an opportunity to meet so many people that Mostyn Law Firm has helped and the see the hope that we have been able to restore to families, churches and businesses. The settlements our clients received helped them finally get the repairs they desperately needed or pay back debts owed for repairs made after their insurance companies denied or underpaid their claims. Don’t assume it is too late for you. Come see us!
Angela Jackson, Mostyn Law Firm Closing Team
Recently, we had an experience that reminded me how important family and friends really are. While we were at the ranch in West Texas, Steve was injured in a four-wheeler accident. We spent a couple of scary nights in a small rural hospital waiting to see that everything would be ok.
As we waited, the outpouring of concern, well-wishes and offers of help was amazing. Friends from all across the state emailed, phoned and even stopped by the hospital to check on both of us. We had volunteer babysitters, housekeepers, and chefs! We want to publicly thank all of those that helped out and those that offered.
Now, 6 weeks later everything has turned out well (besides what our 3 year-old daughter calls Steve’s “busted up ole’ leg”), but that turn of events refocused me and Steve on being there for others in their times of need. It makes a difference to have help and support around you when you need it most.
The two year anniversary of Hurricane Ike is rapidly approaching. In approximately 2 months, we will be nearing the end of another Hurricane season and the anniversary of Hurricane Ike, September 13, 2008, when Ike devastated the Gulf Coast of Texas. This anniversary date is a reminder to all homeowners that the window to file a Hurricane Ike Lawsuit may be closing (depending on the facts to a specific insurance claim). In Texas, there is a specific time period in which a potential litigant can file a claim depending on the type of claim the person wants to file a lawsuit upon. The Statute of Limitation a/k/a “SOL” is the time period in which you must file a lawsuit in Texas regarding a particular claim or you are forever barred from filing the lawsuit. In other words, if you don’t file your lawsuit by the statute of limitations in your specific case (which is independently calculated based on the facts of your claim) then you are barred from recovery of damages forever.
Many homeowners filed Hurricane Ike insurance claims with their insurance carriers and were involved in typical claims handling practices such as delay tactics, under payments, improper scoping of damages and tag team adjusters. Usually, it takes adjusters several months to conclude an Ike claim from start to finish and for some the claims are still open with no resolution in sight. Another tactic by insurance companies was to respond quickly to Ike claims by going to the property but spending very little time scoping the damage at the property and concluding that the damages were “less than the deductible.” This resulted in a zero payment to homeowners at the end of the day and allowed the adjusters to close the file, get paid, and move on to the next. The more files an adjuster could handle and close, the more money the adjusters made. This is and was to the detriment of thousands of Texans. Act now and know your rights. It is imperative that you gain information as to how the Statute of Limitations a/k/a “SOL” affects your lawsuit and ability to bring a claim for damages in the future. In other words, if you don’t find out when your statute of limitation runs out in your case, you might be “SOL” when you try to file your lawsuit.
If you have decided that you want to file a lawsuit for your Hurricane Ike claim and plan on consulting with an attorney, here is a check list of some documents you will need to bring with you to make the SOL determination easier:
1. Copy of your Insurance Policy pertaining to your Home that was in effect during Hurricane Ike (or closest policy to the date of Hurricane Ike)
2. Photos of damages to the property
3. Any correspondence such as letters and emails between you and the insurance company/insurance agent related to your Hurricane Ike claim
4. Any estimates, engineer reports, receipts, invoices or bills pertaining to your Hurricane Ike claim
5. Any public adjuster documents, if any, pertaining to the insurance claim
6. Information pertaining to the payments you received, if any, from the insurance company related to your Hurricane Ike claim
This information will contain important details that pertain to the calculation of the statue of limitations in your specific case and vary from claim to claim.
Come down to our office and let us help you get the money you deserve for your Hurricane Ike damage, before it is too late.
This blog has been re-posted from this Fall:
On September 12, 2009, the Mostyn Law Firm helped sponsor the Galveston Rebirth Festival, which included a 5K walk or run. The festival was in honor of the lives lost and in celebration of the rebirth of Galveston, Texas, one year to the day since Hurricane Ike struck. The race started at 8:00-8:30 am so we were there really early in the morning…..and it was pouring….and it was about 110 degrees with the humidity. We were soaked through our clothes and I personally was more than reluctant to run a little over three miles. However, once the race started and we wove in and out of the historic district of Galveston, I realized that the heart of the community was still very much alive, even if the city was still in a state of rebirth after the storm.
Lined against the path of our run were citizens of Galveston, cheering our sloshing sneakers forward and even more astonishing, giving us their encouragement. As if we were the ones needing encouragement. With blue tarps still dotting the roofs of the homes at the one year mark, it was the citizens of Galveston giving thanks and encouragement. Not only did the realization of the meaning behind what I do professionally day to day beg me forward, but the realization that our fight is still miles away push me on.
That, and one woman running the race about 5 paces ahead of me. She was an older lady, must have been in her fifties or sixties, but about every five people we passed along those three miles called out to her by name. I do not recall what it was, probably from the pounding in my own head from the heat and humidity, but only that every person that we passed smiled, waved and cheered her on by name. I have no idea who she was, but the city of Galveston surely did. It is citizens such as her that have kept and will keep the heart of Galveston alive while the battle rages on against the insurance companies.
Blog Post by Whitney Ellis, Mostyn Law Firm Attorney
It’s now been over a year since Ike attacked our area and still the effects are harshly felt by so many of our neighbors. I frequently get calls from people who are still struggling with their Hurricane Ike claim and are still trying to work with their insurance company to get what they are owed. It is unconscionable that so many people are still waiting for their adjusters and insurance companies to “do the right thing.”
I have heard hundreds of insurance company excuses as to why insurers continue to stall and delay payments on valid claims. Adjusters say they need more documentation. Or insurance representatives will tell you that they are waiting on reports from third parties. Some insurance companies have even told their insureds that it was their job to “prove” their claims; despite the fact that it is the insurance company’s responsibility to investigate the claim. By now, if your insurance company was going to pay you what you are rightfully owed, they would have done it already.
I understand and respect those who want to give their insurance company every opportunity to honor their contractual obligations before getting a lawyer involved. But if you’re still getting the runaround over a year later, I want to hear about it.
Post by Donivan Flowers, Mostyn Law Firm Attorney
So your insurance company wants you to submit to an “Examination Under Oath”, or “EUO”? What is an EUO? Basically, an EUO is a question-and-answer session under oath between you and the insurance company’s attorney. Your answers are recorded by a court reporter. Unfortunately, insurance companies are notorious for using the EUO as a basis for denying claims.
There are several things you must know before your EUO takes place. Under most circumstances, you have to submit to an EUO. Generally speaking, most homeowners policies have a provision requiring the insured to provide an EUO if requested by the insurance company. If you do not provide one, the insurance company has a possible basis to deny your claim.
The insurance company should set the EUO at a reasonable time and place. The actual request for an EUO should include the scope of the topics that the insurance company would like to ask you about. It is important to remember that you have an absolute right to be represented by an attorney at your EUO. And once you have completed your EUO, in most cases you have a right to review the transcript of your EUO to make sure that the transcript is truthful and accurate.
Finally, and most importantly, you must remember that the insurance company may only be asking for your EUO as a pretext to deny your claim. Generally, the request for an EUO is an indication that the insurance company hasn’t taken your word and suspects something out of the ordinary. Stated differently, what you say in your EUO has a profound effect on the outcome of your claim. Talk with a lawyer.
