SOURCE: Robert Collins, Texas Lawyer

May 09, 2011 12:18 ET

Jury Finds TWIA Guilty of Breach of Contract in Hurricane Dolly Case

BROWNSVILLE, TX--(Marketwire - May 9, 2011) - Today, a jury found the Texas Windstorm Insurance Association (TWIA) guilty of breach of contract in the case of Debbie and Kevin Curtin vs. TWIA, filed in Cameron County, Texas. "The Texas legislature is considering giving TWIA immunity, meaning that if they commit fraud or a breach of contract, like here, that homeowners have very little recourse," said Robert L. Collins, attorney for Debbie and Kevin Curtin.

"I want all homeowners to know the three years of heartache and pain that Kevin and Debbie went through," said Collins.

"I want people to understand that TWIA is an association of commercial insurance companies that back losses and receive profits from the Windstorm insurance policies sold. It is NOT our tax dollars. THAT is a lie.

"I want people to know about the abusive practices of TWIA and its chosen counsel.

"I want people to completely understand that TWIA desperately wants immunity to shield their deliberate systemic Breach and Bad Faith tactics as they did against Debbie and Kevin Curtain," Collins went on to say.

"Justice was done here today and we look forward to the next trial, where mental anguish, bad faith, fraud, punitive and treble damages, as well as attorney fees will be sought. If TWIA is given immunity by the Texas State legislature then homeowners will have no hope and seeing that justice is done through the courts will no longer be an option," stated Collins. "Our Constitutional right to a jury trial is about to be sold by politicians in return for lobbyist cash.

"Just imagine you're a homeowner who purchased Windstorm or flood insurance coverage through TWIA and they decide not to pay because they have been granted immunity, by the state legislature, how are you going to feel then? By the way," Collins concluded, "a jury found for the homeowner in every jury trial against TWIA for its fraud and bad faith."

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