Texas windstorm insurer wants immunity from hurricane lawsuits

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Facing hundreds of civil suits over hurricane-related damage, a Texas property-casualty insurer is seeking immunity from penalties in court.

Courtesy: Mike Moore/FEMA

Courtesy: Mike Moore/FEMA

The Texas Windstorm Insurance Association, created by the state in 1971, has filed motions arguing that as an instrument of a government agency, it is entitled to sovereign immunity protecting governments from some legal liability, according to the Houston Chronicle.

Layers for policyholders in suits against the TWIA, however, say the association is a private company and any immunity would let it skirt consumer protection laws.

More than 900 suits against TWIA could hinge on the court’s ruling over the immunity request, according to the Chronicle, and nearly all seek punitive damages, attorney fees and other amounts beyond what policies provide, the damages TWIA seeks immunity from paying.

TWIA, originally called the Texas Catastrophe Property Insurance Association when established, was created by lawmakers to sell windstorm coverage to coastal homeowners who could not find it elsewhere due to their property’s vulnerability to hurricanes and tropical storms.

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