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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.
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.