Divided Appeals Court Reinstates Texas Coverage Suit Over Plumbing Leaks

CORPUS CHRISTI, Texas - A divided appellate court reinstated an insurance coverage case on March 23, ruling that a trial court should have allowed a representative for the estate of the named plaintiff to cure a defect in capacity by naming another plaintiff. Gomez v. Texas Windstorm Insurance Association, No. 13-04-598-CV (Texas Ct. App., 13th Dist.).

Texas Windstorm Insurance Association paid Agapito Gomez $247,545.13 for property damage, $100,000 for personal property and $52,900 in additional living expenses on a claim following a 1999 storm.

Gomez filed another claim for $80,000 for the cost of repairs for plumbing leaks …