Negotiators have reached a final settlement for the majority of remaining claimants in the multi-year legal battle over the Texas Windstorm Insurance Association, Houston attorney Steve Mostyn said on Tuesday.
Mostyn, a major Democratic campaign donor, released a statement to announce that he had reached an agreement to settle the claims of 1,200 homeowners for an approximate amount of $135 million. TWIA, the stateโs insurer of last resort for Texasโ coastal regions, has been bedeviled for years by legal challenges over the cost of damage caused by Hurricane Ike. The new settlement brings the total amount of claims paid by TWIA to more than $500 million.
In the statement, Mostyn, who said that he was โproud to be a part of bringing hundreds of millions of dollars owed to our clients back to the coast,โ called the settlement a crucial step in restoring normalcy to Texasโ gulf coast.
โNow that TWIA has finally paid Texas families and small businesses what they are owed,โ he said, โcountless neighborhoods can truly be rebuilt, which will mean a boom for local property values.”
The suit stems from allegations that the agency botched claims for damage caused by Hurricane Ike, failed to reimburse property owners in a timely manner, and denied or underpaid legitimate claims. Similar suits have caused TWIA to pay hefty fees to lawyers, and made the agency a battlefield in the war between trial lawyers and tort reformers.
The size of the lawsuits against TWIA has threatened to capsize the state-run agency. In March, TWIAโs board tabled a proposal from Texas Insurance Commissioner Eleanor Kitzman to essentially declare the association bankrupt.
Speaking to the Tribune before the settlement was publicly announced, state Rep. Larry Taylor, R-Friendswood, who has authored bills for two subsequent sessions that would have overhauled TWIA, said that it would be โnice to move onโ from the legal challenges but expressed consternation that Mostyn, whom Taylor has accused of scuttling his TWIA-related legislation, appeared to have won the day.
โIโm very frustrated. I understand why theyโre trying to close it up, and I understand how expensive he can make it to continue litigating.โ But, he said, โthe numbers I hearโ are โbeyond reason.โ
He added, โMany of the cases Iโve seen have been way inflated โ where youโre paying 92 percent of the limit on a house that looks like itโs in a real estate for sale photo.โ
Taylor also said that the Texas Department of Insurance, which oversees TWIA, had declined to share information on the settlement with legislators, saying that his office had filed information requests with both offices and received no response.
The settlement coincides with news that Kitzman would not be nominated for another stint as commissioner. Sheโll be replaced by Julia Rathgeber, who had been serving as Lt. Gov. David Dewhurstโs deputy chief of staff.
The settlement doesnโt completely end litigation against TWIA โ some homeowners and school districts still have pending lawsuits โ but it resolves the overwhelming majority of cases. In his statement, Mostyn gave a green light to efforts to overhaul the agency, which he has opposed until now.
โIt is time for the Legislature to act to ensure the association’s financial solvency for years to come,โ he said.
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