Diving business sues insurance company over denial of claim

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A business is suing an insurance company, alleging violations of consumer protection laws.


Diver Dan Diving Service Inc. filed a lawsuit May 7 in the Jefferson County District Court against Progressive County Mutual Insurance Co., doing business as Progressive Insurance, and the Fisk Corp., citing negligence, bad faith and violations of the Texas Deceptive Trade Practices Consumer Protection Act and Texas Insurance Code.


The lawsuit states Diver Dan owned a vehicle and other property destroyed in an Interstate 10 collision in Beaumont. The vehicle, a 2004 Ford pickup, was covered under a commercial policy sold and administered by the Fisk Corp., and underwritten by Progressive, the complaint states.


The insurance company and Fisk denied coverage for damages because the vehicle had mistakenly been dropped from coverage, the complaint states.


Diver Dan Diving Service is seeking damages to cover property lost in the crash, pre and post-judgment interest, court costs, sanctions and other relief the court feels proper.


It is represented by Paul F. Ferguson Jr. of Provost Umphrey Law Firm LLP of Beaumont.


Jefferson County District Court Case No. A195-686


This is a report on a civil lawsuit filed at the Jefferson County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.


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