United States District Court for the Southern District of Texas Rules in State Farm Insurance Case
Travis Blake Harding, Plaintiff, v. State Farm Lloyds, Defendant.
Civil Action No. 4:23-CV-00034.
United States District Court, S.D. Texas, Houston Division.
May 7, 2024.
KEITH P. ELLISON, District Judge.
Introduction
The United States District Court for the Southern District of Texas ruled on motions in a first-party insurance case involving Plaintiff Travis Harding and Defendant State Farm Lloyds. The court addressed State Farm's Motion for Summary Judgment and Motion to Strike Plaintiff's Expert, leading to significant findings on both motions.
Case Background
On February 16, 2021, Travis Harding's home in Willis, Texas, suffered extensive water damage from burst pipes during Winter Storm Uri. Harding filed a claim with State Farm on February 18, 2021. State Farm acknowledged the claim and initiated an investigation, culminating in an inspection of Harding's home on March 21, 2021. State Farm's initial estimate for repairs was $21,395.28, with a final payment of $19,727.80 issued to Harding.
Harding later retained public adjustor Cheston Selz, who provided an estimate significantly higher than State Farm's. This led to further inspections and a revised estimate from State Farm. Discrepancies between estimates and unresolved claims for additional living expenses (ALE) and personal property replacement prompted Harding to file a lawsuit on September 8, 2022, asserting breach of contract and extracontractual claims.
Court's Analysis and Rulings
Motion to Strike Plaintiff's Expert
State Farm moved to strike Harding's expert, Cheston Selz, on the grounds that he was not qualified under Rule 702 and that his testimony was unreliable under Daubert v. Merrell Dow Pharmaceuticals, Inc. The court agreed, noting Selz's lack of a resume, vague deposition answers, and insufficient evidence of reliable methodology. As a result, State Farm's Motion to Strike was granted.
Motion for Summary Judgment
Breach of Contract: The court found genuine disputes of material fact regarding the cost of repairs, given conflicting estimates from State Farm's experts. Harding's lack of expert testimony did not preclude him from testifying about remediation work already performed.
Mold and Water Damage Remediation: Harding could testify about completed remediation work, but no argument from State Farm suggested they had fully compensated him, leaving this issue unresolved.
Personal Property Replacement and ALE: Harding failed to provide the necessary documentation for personal property and ALE claims as required by his policy. Consequently, State Farm was granted summary judgment on these claims.
Breach of Duty of Good Faith and Fair Dealing: The court found no evidence of bad faith. Disagreements between experts did not imply bad faith, and State Farm's actions were based on reasonable investigations and expert reports.
Deceptive Trade Practices Act (DTPA): Harding did not support his DTPA claims with specific factual allegations or evidence. State Farm's motion for summary judgment on DTPA claims was granted.
Texas Prompt Payment of Claims Act (TPPCA): The court found genuine disputes of fact regarding whether State Farm delayed in paying Harding's claim, linking this to the unresolved breach of contract issue.
Chapter 541 Claims: Harding failed to provide evidence of any specific misrepresentations or unreasonable actions by State Farm. The court granted summary judgment for State Farm on all Chapter 541 claims.
Conclusion
State Farm's Motion to Strike Plaintiff's Expert was granted. The Motion for Summary Judgment was granted in part and denied in part. The court allowed Harding's breach of contract claims for repair and water remediation costs and his TTPCA delayed payment claim to proceed, dismissing all other claims.
Keywords
United States District Court, Southern District of Texas, Travis Harding, State Farm Lloyds, insurance litigation, Winter Storm Uri, burst pipes, water damage, breach of contract, expert witness, Daubert standard, summary judgment, Texas Prompt Payment of Claims Act, Texas Deceptive Trade Practices Act, mold remediation, additional living expenses.
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Meta Title: United States District Court for the Southern District of Texas Rules in State Farm Insurance Case
Meta Description: The United States District Court for the Southern District of Texas ruled on motions in the insurance case Travis Harding v. State Farm Lloyds, addressing expert witness qualification and summary judgment on various claims related to Winter Storm Uri damage.