lawsuit
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Table of Contents
Where you are right now (clear state)
- 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.
**Step 2** — File a protective lawsuit (even if narrow)
- 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.
**Step 3** — Venue & parties (clean approach)
Venue
Harrison County, Texas – District Court
Yes, even though the City is involved. This is normal. Courts handle this all the time.
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?
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:
- 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)
- Declaratory relief (optional, but useful)
That’s enough to stop the clock.
lawsuit.1765733420.txt.gz · Last modified: 2025/12/14 17:30 by lwattsii