Hurricane Ike Coverage Action Time-Barred, Texas Federal Magistrate Rules

GAVELSTON, Texas — A Texas federal magistrate judge has dismissed a hurricane damage insurance coverage action, ruling that it is time-barred under the state’s one-year statute of limitations.

On Sept. 9, U.S. Magistrate Judge John R. Proeschner of the U.S. District Court for the Southern District of Texas found even if the policyholders’ second proof of loss could have reinstated the limitations period, their complaint was still untimely.

A residential rental property owned by Alfredo Mamani and Patricia Gonzalez was damaged by floodwaters during Hurricane Ike in September 2008. At the time, the property was insured under a Standard Flood …