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Hartline Barger Wins Summary Judgment in Harris County Professional Liability Lawsuit

Brian Rawson and Roy McKay were successful on summary judgment while defending an insurance agent and agency in a professional liability lawsuit filed in Houston, Texas. The case involved allegations that Hartline Barger’s client failed to provide notice to insureds concerning the termination of their flood insurance policy. Plaintiffs alleged that the insurance agent and agency should have forwarded the insurance carrier’s termination notices regarding Plaintiffs’ flood insurance. Damage occurred to Plaintiffs’ property after Hurricane Harvey flooded Plaintiffs’ residence.

Hartline Barger argued, among other grounds, that the claims were time-barred because Plaintiffs knew or should have known of the termination of their flood insurance policy from other sources more than two years before filing suit. Plaintiffs argued that the “discovery rule” should apply to prevent their claims from being time-barred and that Plaintiffs did not acquire knowledge of the termination through the means shown by Hartline Barger’s motion. Plaintiffs sought over $1 million dollars in damages.

On March 13, 2020, Harris County District Judge Larry Weiman granted Hartline Barger’s summary judgment motion and rejected the Plaintiffs’ arguments that the “discovery rule” should apply to their claims. Accordingly, the Court dismissed all of the Plaintiffs’ claims against the insurance agent and agency.

CAUSE/CASE NO: 2018-15037

Judge: Larry Weiman

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