By: David Yates
DALLAS - The trial of a hail lawsuit against State Farm Lloyds slated for late February never took place, as the plaintiffs in the case filed a notice of non-suit a few days prior.
Nearly two years after their home was damaged by a hailstorm, David and Imelda Nino, through the Mostyn Law Firm, filed suit against State Farm and an adjuster in May 2014, seeking up to $1 million in damages.
According to the lawsuit, State Farm and the adjuster sought to undervalue and underpay the Ninos for damages caused by a June 13, 2012 hailstorm that swept through the area.
"Defendant State Farm, along with its personnel, failed to thoroughly review and properly oversee the work of its assigned adjusters ... ultimately approving an improper adjustment and inadequate, unfair settlement of the claim," the suit states.
"Together, Defendants ... set out to deny and underpay properly covered damages."
Court records show that last January State Farm moved for summary judgment, asserting the Ninos accepted payment and never notified the company of any objection prior to filing the lawsuit two years later.
Court records further show State Farm had made a $23,000 settlement offer five months after the suit was filed.
The case was set for trial on Feb. 27. However, three days earlier the plaintiffs filed a notice of non-suit.
The action was dismissed without prejudice on Feb. 28, court records show.
The Ninos were represented by Mostyn Law attorneys Rene Sigman and Steve Mostyn.
Cause No. DC-14-05560