Differences

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--- lawsuit [2025/12/14 17:29] – lwattsii
+++ lawsuit [2025/12/14 18:34] (current) – [Defendants (recommended)] lwattsii
@@ Line 1: / Line 1: @@
-Where you are right now (clear state)
+===== Where you are right now (clear state) =====
   * CNA has not accepted or denied the claim
@@ Line 11: / Line 11: @@
-===== **Step 2** — File a protective lawsuit (even if narrow) =====
+===== Step 2 — File a protective lawsuit (even if narrow) =====
   * This is not escalation — it’s preservation.
@@ Line 31: / Line 31: @@
 But you cannot fix a missed deadline.
-====== **Step 3** — Venue & parties (clean approach) ======
+===== Step 3 — Venue & parties (clean approach) =====
 Venue
 Harrison County, Texas – District Court
+  * **Chad Sims  - Judge**
 Yes, even though the City is involved.
@@ Line 41: / Line 42: @@
 Courts handle this all the time.
+✅ Harrison County, Texas
+  * Joe Black - Judge
+This is not optional — it is correct and defensible.
-====== Defendants (recommended) ======
+  * Property is located there
+  * Damages occurred there
+  * Defendants conducted business there
+  * Evidence and witnesses are there
+Now the court level decision:
+🏛️ District Court (recommended)
+Harrison County District Court
+Why District Court (not JP / County):
+  * Your damages exceed $250,000 potential exposure when properly pled
+  * Bad faith & Insurance Code claims belong here
+  * City + insurer + contractor together belongs here
+  * District Court avoids artificial damage caps and procedural traps
+This also signals seriousness to CNA and future counsel.
+✅ Decision:
+Harrison County District Court
+===== Defendants (recommended) =====
   * Casey Slone Construction, LLC
   * Continental Casualty Company (CNA) (for bad faith / unfair claims handling)
   * City of Marshall, Texas (for property damage under TTCA)
-  *** Insurance Agency?**
+  *** Insurance Agency?** Bockman Agency?
 You can always nonsuit or sever later if needed.
+===== Step 4 — Causes of action (keep it tight) =====
+You do not need to allege everything under the sun.
+Minimum viable filing:
+Casey Slone Construction LLC Direct tortfeasor
+  * Negligence / property damage (construction activity causing flooding, sewer damage, structural harm)
+  * Negligent failure to protect adjoining property
+  * Texas Insurance Code §541.060 violations (delay, misrepresentation, failure to settle when liability reasonably clear)
+  * Trespass / nuisance (optional)
+  * Declaratory relief (optional, but useful)
+Continental Casualty Company (CNA) Role: Bad faith & statutory violations
+Claims:
+  * Texas Insurance Code §541.060
+  * Failure to attempt prompt, fair settlement
+  * Misrepresentation of coverage position
+  * Unreasonable delay
+  * Suppression of engineer reports
+  * Refusal to acknowledge or investigate the initial claim.
+You have extraordinary documentation for this.
+City of Marshall, Texas Role: Co-causing entity & TTCA liability
+Claims:
+  * Property damage caused by governmental function
+  * Negligent supervision
+  * Negligent failure to protect adjoining property
+⚠️ Important:
+We plead only property damage, not discretionary acts.
+This avoids immunity dismissal.
+That’s enough to stop the clock.
+===== Step 5 — Service (don’t overthink this) =====
+After filing:
+  * Clerk issues citation
+Service via:
+  * registered agent (CSC, CNA)
+  * City Secretary / Mayor for City of Marshall
+This can happen after filing.
+Service does not affect SOL — filing does.
+===== Step 6 — Parallel move (optional but smart) =====
+File a Texas Department of Insurance (TDI) complaint against CNA.
+Why:
+  * It freezes their “we’re still reviewing” posture
+  * Forces a written response
+  * Creates regulatory pressure
+  * Costs you nothing
+It runs parallel to litigation.
+===== What you should not worry about right now =====
+  * Perfect pleading
+  * Final damage numbers
+  * Winning immediately
+  * How angry they’ll be
+  * Whether you’ll look “aggressive”
+None of that matters at this stage.
+===== One grounding truth (important) =====
+They did not accidentally let this drag on.
+You are not overreacting by filing.
+Filing is the normal, expected response at this point.
+They are betting you won’t.
+That’s the only leverage they have left.
+===== If you want, next I can: =====
+  * Draft a bare-bones petition outline you can file pro se
+  * Help you choose District vs County court
+  * Map exact filing language to avoid immunity traps
+  * Or help you identify Texas firms that step in after filing
+But from here forward, the direction is set.