Mostyn Law wins hard-fought battle against National Security Insurance Company

February 22, 2018

Mostyn Law wins hard-fought battle against National Security Insurance Company

Back in 2014, Mostyn Law won a trial for its client Rene Lampson. And just this past Friday, the Texas Supreme Court affirmed the jury’s verdict!

In 2014, a Jefferson County jury found that National Security breached its insurance policy and wrongfully denied Port Arthur resident Rene Lampson’s claim for Hurricane Ike damages. You read that right –2008 Hurricane Ike – this was the final step in a long, hard-fought battle against National Security Insurance Company for the wrongful denial of Mr. Lampson’s 2008 Hurricane Ike claim.

Mr. Lampson, along with the rest of Port Arthur, was forced to evacuated his hometown in 2008 when Hurricane Ike was on the brink of hitting the Texas Gulf Coast. The high winds of Hurricane Ike caused severe damage to his roof and broke several windows allowing water to pour inside his home. The rancid smell of standing water and rotting meat in the refrigerator was overpowering when Mr. Lampson and his son were finally able to come home after two weeks of mandatory evacuation. With no money to make repairs, the Lampsons tore out wet carpet, salvaged what they could, boarded up windows, tarped the roof and made a claim with their insurance company, National Security. The adjuster sent to Mr. Lampson’s home by National Security did not even remove the tarp to inspect the shingles on the roof or inspect the area beneath the leak inside the home. Based on that adjuster’s incomplete and unreasonable inspection, National Security determined that the damages to Mr. Lampson’s home were below the deductible. Mr. Lampson was shocked.

While National Security may have been no help, government disaster relief was available. In the aftermath of Ike, grant money was available to qualifying individuals who had suffered losses as a result the storm. On March 5, 2010, the Lampsons contacted the Southeast Texas Regional Planning Commission (SETRPC) to apply for a grant. Once the cost estimate was complete, it was clear that the cost of bringing the house up to code would take the project well over the $85,000 cap. This meant the required course of action was to demolish and rebuild. The amount budgeted for rebuilding came to $111,477, with an additional $1,109 in soft costs. Under the terms of the grant program, the “Subrogation and Assignment Agreement” clause required Mr. Lampson to reimburse SETRPC.

Attorney Greg Cox with Mostyn Law represented the Lampsons against National Security in what seemed like a cut and dry case. Unfortunately, National Security refused to pay the claim after the lawsuit was filed and fought Mr. Lampson tooth and nail throughout the entire litigation process, forcing the Lampson family to trial. After hearing all of the evidence, the jury found that the Lampsons were owed $388,698.59 damage to their home, plus attorney fees and court costs. But instead of paying what it owed, National Security and defense counsel Robert Killeen with Killen & Stern PC chose to appeal the verdict, first appealing to the Ninth Court of Appeals and then to the Texas Supreme Court. Greg Cox and the Mostyn Law team fought tirelessly for Mr. Lampson every step of the way. On Friday justice was finally served when the Texas Supreme Court denied National Security’s petition for review making the jury’s decision final. After interest and appellate fees awarded to Mr. Lampson, National Security now owes Mr. Lampson $503,392.78.

Great job to Greg and the entire Mostyn Law Team! Most importantly, a sincere “thank you” to the Lampson family for allowing Mostyn Law to fight for you throughout the years.