Xpressnets

• CNA has not accepted or denied the claim
• They have sufficient information to decide
• They are using non-committal language (“potentially”)
• The engineer reports are already complete
• Additional emails will not force resolution
• Statute-of-limitations risk is real, not hypothetical

At this point, the claim process is functionally over, even though they won’t say it.

• This is not escalation — it’s preservation.

Key points

• You do not need an attorney to file
• You do not need to perfect the case now

You only need:

• proper parties
• basic causes of action
• correct venue
• filing before SOL

• You can amend later.
• You can add counsel later.
• You can refine damages later.

But you cannot fix a missed deadline.

Venue

Harrison County, Texas – District Court

• Chad Sims - Judge

Yes, even though the City is involved. This is normal. Courts handle this all the time.

✅ Harrison County, Texas

• Joe Black - Judge

This is not optional — it is correct and defensible.

• 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

• 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? Bockman Agency?

You can always nonsuit or sever later if needed.

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.

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.

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.

• Perfect pleading
• Final damage numbers
• Winning immediately
• How angry they’ll be
• Whether you’ll look “aggressive”

None of that matters at this stage.

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.

• 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.