Deceptive Trade Practice

Reyna v. Kemper Lloyds Insurance Company

(Cameron County) Plaintiff sued his employer for wrongful termination and other causes of action. Defendant denied coverage under the General Liability policy issued to Plaintiff’s employer. Plaintiff and his employer entered into an agreed judgment and assignment of rights. Plaintiff then took the assignment of rights and sued Kemper for failure to defend and failure to settle, claiming bad faith and violations of the Texas Insurance Code and Texas DTPA.

The Plaintiff asked the jury to award $8,400,000. The pre-trial demand was $8,400,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant.

Harvey v. Gerloff Company, Inc.

 (Bexar County) Plaintiff experienced a washing machine overflow in her home. She reported the problems to her insurance company who hired Defendant to perform the repairs. Subsequent to the work of Defendant, Plaintiff experienced two additional water intrusion problems which was attributed to the negligent work of the Defendant. Plaintiff’s expert testified that Defendant failed to properly address the water damage caused. The specials were in excess of $500,000.

The Plaintiff asked the jury to award $1,000,000. The pre-trial demand was $1,000,000. The pre-trial offer was $0. The jury returned a zero verdict in favor of the Defendant.

Perez v. Del Rio Ford

(Val Verde County) Plaintiff brought her pickup in to Defendant Del Rio Ford complaining of malfunctioning brakes.  After several attempts to repair the brakes, the dealership returned the truck to Plaintiff.  Plaintiff exited the dealership and was involved in a rear-end collision several blocks away.  She claimed her brakes had failed again causing the accident.  Plaintiff complained of injuries to her back and neck and a herniated disc at C4-5 causing numbness. 

Plaintiff sought to recover over $140,000 from the jury.  Jury found no negligence.  A complete defense verdict.