Legal Question in Insurance Law in Texas

Lost Item - Insurance Claim

We recently moved from CA to TX.

The carrier of our belongings lost a carton.

The lost carton contained 2 valuable chess sets purchased in Europe over 25 years ago.

We filed a reasonable claim for replacement value for $1100.

They sent a check for $400 stating this to be the maximum they would pay without documentation such as receipts, cancelled checks, etc.

Nowhere in the agreement we signed is there such a stipulation.

The company (S&M Moving) have offices in CA. AZ. NM. and MA (we dealt with their office in CA) � their claims office is in AZ.

Is this a suitable case for small claims court?


Asked on 5/04/05, 11:12 am

1 Answer from Attorneys
William Featherston Grissom, Richards & Featherston

Re: Lost Item - Insurance Claim

i am going to give you some of my experience on this. the experience is personal when i moved my daughter from new york city to houston.

first of all, these moving companies will do just about anything to get paid or not to pay claims. i think you should try small claims court but keep in mind that they can appeal any judgment that you get and tie things up for you and make pursuing this more expensive for you.

the key is the very fine print in the contract, receipts and any other documentation they gave to you or had you sign. carefully read it to see what limitations are in the language that protects them (and not you).

the contract may also control where you have the right to file suit. ours required us to file suit in new york state. to actually get my daughters items without a serious raise in what they were going to charge, i had to threaten to have a restraining order issued by a court preventing the truck to leave the houston area.

i hope this helps. bill featherston

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Answered on 5/04/05, 11:53 am


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