A recent Texas Lawyer story, “Hurricane Ike Claim Leads to $254,000 in Attorney Fees,” reports that to win a Hurricane Ike-related claim against State Farm defendants, Hart Green faced several potential roadblocks.  Among those was a conflicted jury verdict.  But his clients won a $329,343 final judgment on Sept. 15 that included $254,000 in attorney fees.

During a three-week 2013 summer trial, Green served as lead counsel on a team with well-known plaintiffs lawyer Steve Moslyn, among others.  The plaintiffs team represented a couple that did not speak English fluently.  The defense attempted to use the plaintiffs’ inability to articulate the issues well for its defense, Green said.  The defense also vigorously fought the fee-shifting element of the plaintiffs’ claim, Green said.

“State Farm tried this as nothing but a battle over attorney fees,” said Green.  But in front of the jury, Green said, he reversed the State Farm defendants’ arguments about the plaintiffs’ overlawyering.  “It was hypocritical of them,” Green said, regarding the roster with more than a half dozen lawyers representing the State Farm defendants.

In a petition filed July 16, 2013, Green’s clients argued that their home sustained damages in the 2008 storm and State Farm insurers “wrongfully denied their claim.”  The petition cited as causes of action breach of contract and fraud, among others.  In an answer filed on July 17, 2013, State Farm defendants denied the allegations and argued that the plaintiffs had failed to present a claim and had breached the contract first.

At the end of the trail, and after less than two days of deliberations, the jury issued a verdict on Aug. 1, 2013, with conflicting conclusions.  The panel said the plaintiffs had breached the contract before the State Farm defendants did so.  But then it also ruled: (a) the couple had properly presented their damages claim to the insurer; and (b) the State Farm defendants had committed fraud against the plaintiffs.  The verdict awarded the plaintiffs damages, including the $254,000 in attorney fees.