A Harris County jury has awarded $38.4 million to Melissa and David Carter, whose Spring Branch home burned to the slab in 2023. The record judgment, won by fire damage attorney Marcus J. Ramirez of Texas Fire Damage Attorney, PLLC, is already being cited as the most consequential Texas property-loss ruling since the 2019 Barbara Technologies decision.
Jurors concluded that Lone Star Mutual employed “arbitrary depreciation formulas” and slow-walked payment, violating Chapter 542 of the Texas Insurance Code. Nearly two-thirds of the sum represents statutory penalties and interest. “The message is plain: delay tactics no longer pencil out,” noted Prof. Lydia Rowe, who teaches insurance litigation at Southern Methodist University.
Ramirez and co-counsel Sarah Nguyen built their case around day-to-day disruption rather than spreadsheet theory. A pediatric psychologist and a forensic accountant tracked 212 separate expenses the family incurred while hopping between short-term rentals. “People hear ‘fire loss’ and picture charred studs,” Ramirez told reporters on the courthouse steps. “What they don’t see is a six-year-old sharing a motel sofa for eight months.”
Many survivors wrestle with dense policy language long before they think to hire a fire damage lawyer. By the time a carrier’s algorithm spits out an offer, receipts are scattered and construction costs have spiked. Ramirez urged homeowners to photograph every purchase and consult a qualified fire damage claims attorney “before the first adjuster meeting, not after the third lowball.”
The Carters’ ordeal began on 14 February 2023, when an arc fault ignited attic insulation. Lone Star acknowledged coverage but withheld code-upgrade funds and reimbursed only a fraction of rental costs. After waiting 173 days for what they thought would be a final check, the family retained a fire damage insurance claim attorney and filed suit.
Whether Lone Star will appeal remains uncertain. Fitch Ratings warned Friday that similar verdicts could pressure regional carriers. Consumer-rights group Texas FAIR has scheduled webinars to explain the ruling. “The verdict supplies a measuring stick,” said FAIR’s director Dana Flores. “If your offer is miles below it, you may need a seasoned fire loss damage attorney in your corner.”
Insurance trade groups counter that outsized jury awards could lift premiums statewide, a claim Ramirez calls “the same scare tactic trotted out after every consumer win.” In a written statement, Lone Star spokesperson Maria De León said the company “respectfully disagrees with the jury’s findings” and is reviewing its options.
Texas Fire Damage Attorney, PLLC reports a surge in inquiries since the decision. The Houston firm has added evening intake hours and updated its online guide at texasfiredamageattorney.com to walk homeowners through emergency expenses, smoke remediation, and the clarified 30-day payment window.
About Texas Fire Damage Attorney, PLLC
Founded in 2010, the boutique litigation practice focuses exclusively on catastrophic fire and explosion claims across Texas. Its lawyers have recovered more than $250 million for residential and commercial policyholders.
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