On Wednesday, March 24, 2016, a twelve person jury returned a unanimous defense verdict in favor State Farm Lloyds in the lawsuit styled Cathy Broxterman v. State Farm Lloyds, U.S. District Court for the Eastern District Texas, Sherman Division.
Broxterman filed suit against State Farm seeking exemplary damages for the insurer’s alleged failure to properly adjust her claim.
In her first amended complaint, Broxterman accused State Farm of performing an outcome oriented investigation resulting in an arbitrary underpayment of her claim despite “incredible damage due to storm related conditions.” She alleged claims of breach of contract, violations of the Deceptive Trade Practices Act and Tie-In Statutes, violations of the Texas Insurance Code, Breach of the Duty of Good Faith and Fair Dealing, Unfair Insurance Practices, and Misrepresentation.
After State Farm obtained summary judgment dismissing claims for violations of the Deceptive Trade Practices Act and Tie-In Statutes, violations of the Texas Insurance Code, Breach of the Duty of Good Faith and Fair Dealing, Unfair Insurance Practices, and Misrepresentation a 3-day trial on Plaintiff’s breach of contract action ensued. The jury was asked whether State Farm failed to comply with the insurance policy, to which jurors answered: “No,” according to the charge of the court.
No damages were awarded to Broxterman, nor were any attorney’s fees awarded to The Voss Law Firm, the opposing counsel.
State Farm Lloyds was represented by Rhonda Thompson and Adrienne Nelson of Thompson Coe.