Preview
Electronically Filed
8/15/2022 9:00 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
CAUSE NO. C-2791-22-E
313 HACKBERRY LAND § IN THE DISTRICT COURT
Plaintiff, §
§
v. §
§ HIDALGO COUNTY, TEXAS
GREAT LAKES INSURANCE SE and §
UNDERWRITERS AT LLOYD’S, §
LONDON §
Defendant. § 275th JUDICIAL DISTRICT
DEFENDANT UNDERWRITERS AT LLOYD’S, LONDON’S
ORIGINAL ANSWER AND AFFIRMATIVE DEFENSES
Defendant Underwriters at Lloyd’s, London (“Defendant” or “Lloyd’s”) files its original
answer and affirmative/other defenses in response to Plaintiff 313 Hackberry Land (“Plaintiff”)
Original Petition (the “Petition”).
I. GENERAL DENIAL
1. Defendant asserts its general denial as authorized by Rule 92 of the Texas Rules of
Civil Procedure to the allegations contained in Plaintiff’s Petition, and any amendments or
supplements thereto, and upon trial of this case will require Plaintiff to prove each and every
allegation asserted against it by a preponderance of the evidence, as is required by the laws of this
State of Texas and the Constitution of the United States.
II. AFFIRMATIVE AND OTHER DEFENSES
2. Plaintiff’s claims are barred in whole or in part due to the terms, limitations,
restrictions, exclusions, and endorsements contained in and to the Policy that is the basis of
Plaintiff’s suit.
3. Plaintiff’s claims are barred because there was a reasonable basis for denying all or
part of the insurance claim at issue.
4. Plaintiff’s claims are barred in whole or in part by the equitable doctrine of waiver.
Page 1 of 3
Electronically Filed
8/15/2022 9:00 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
5. Plaintiff’s claims are barred in whole or in part because Plaintiff failed to mitigate
or minimize its alleged damages.
6. Plaintiff’s damages, if any, were proximately caused by the acts, omissions, or
breaches of other persons and entities, including Plaintiff, and said acts, omissions, or breaches
were intervening and superseding causes of Plaintiff’s damages, if any. Defendant asserts its right
to comparative and/or proportionate responsibility as provided in Chapter 33 of the Texas Civil
Practice and Remedies Code and request that the fact finder apportion responsibility as provided
in Chapter 33.
7. Defendant claims all offsets and credits available under Chapter 33 of the Texas
Civil Practice and Remedies Code.
8. Any and all claims alleged by Plaintiff are barred, in whole or in part, to the extent
they seek an improper punitive damages award for an alleged single wrong because such an award
would violate Defendant’s rights guaranteed by the United States Constitution, including, without
limitation, the Due Process and Equal Protection provisions of the Fourteenth Amendment and the
Double Jeopardy Clause of the Fifth Amendment of the United States Constitution, and
Defendant’s rights to the Due Course of Law under the Texas Constitution.
9. Plaintiff is not entitled to punitive damages, and any and all excessive amounts of
such damages sought herein violate Chapter 41 of the Texas Civil Practice and Remedies Code,
the Texas Constitution, and the United States Constitution, all of which set limits on the award of
punitive damages.
10. Any award of pre-judgment interest is limited by the dates and amounts as set forth
in Chapter 304 of the Texas Finance Code and/or Chapter 41 of the Texas Civil Practice &
Remedies Code.
Page 2 of 3
Electronically Filed
8/15/2022 9:00 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
11. Defendant reserves the right to later amend or add to these affirmative defenses.
III. PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant Underwriters at Lloyd’s, London
respectfully requests the Court enter judgment that Plaintiff take nothing in this suit, the Court
enter an order dismissing Plaintiff’s suit with prejudice, Defendant recover its costs and attorneys’
fees, and for all other relief to which Defendant may be justly entitled.
Respectfully submitted,
By: /s/ Valerie Henderson
Valerie Henderson
Texas Bar No. 24078655
Kirsten D. Vesel
Texas Bar No. 24121183
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ. P.C.
1301 McKinney Street, Suite 3700
Houston, Texas 77010
Telephone: (713) 650-9700
Facsimile: (713) 650-9701
vhenderson@bakerdonelson.com
kvesel@bakerdonelson.com
Attorneys for Defendants
CERTIFICATE OF SERVICE
I hereby certify that on August 15, 2022, a true and correct copy of the foregoing was
served on the following counsel pursuant to the Texas Rules of Civil Procedure:
Larry W. Lawrence, Jr.
Michael A. Lawrence
Celeste Guerra
LAWRENCE LAW FIRM
3112 Windsor Rd. Suite A234
Austin, Texas 78703
Lawrencefirm@aol.com
Lawrencefirm@gmail.com
/s/ Valerie Henderson
Valerie Henderson
Page 3 of 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Cecilia Bravo on behalf of Valerie Henderson
Bar No. 24078655
cbravo@bakerdonelson.com
Envelope ID: 67269128
Status as of 8/15/2022 9:07 AM CST
Associated Case Party: Great Lakes Insurance Company SE
Name BarNumber Email TimestampSubmitted Status
Kirsten Vesel kvesel@bakerdonelson.com 8/15/2022 9:00:18 AM SENT
Valerie Henderson vhenderson@bakerdonelson.com 8/15/2022 9:00:18 AM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Cecilia Bravo on behalf of Valerie Henderson
Bar No. 24078655
cbravo@bakerdonelson.com
Envelope ID: 67269128
Status as of 8/15/2022 9:07 AM CST
Associated Case Party: 313 Hackberry Land
Name BarNumber Email TimestampSubmitted Status
Michael Lawrence 24055826 lawrencefirm@gmail.com 8/15/2022 9:00:18 AM SENT
Larry W. Lawrence 794145 lawrencefirm@aol.com 8/15/2022 9:00:18 AM SENT
Preview
Electronically Filed 8/15/2022 9:00 AM Hidalgo County District Clerks Reviewed By: Faith Martinez CAUSE NO. C-2791-22-E 313 HACKBERRY LAND § IN THE DISTRICT COURT Plaintiff, § § v. § § HIDALGO COUNTY, TEXAS GREAT LAKES INSURANCE SE and § UNDERWRITERS AT LLOYD’S, § LONDON § Defendant. § 275th JUDICIAL DISTRICT DEFENDANT UNDERWRITERS AT LLOYD’S, LONDON’S ORIGINAL ANSWER AND AFFIRMATIVE DEFENSES Defendant Underwriters at Lloyd’s, London (“Defendant” or “Lloyd’s”) files its original answer and affirmative/other defenses in response to Plaintiff 313 Hackberry Land (“Plaintiff”) Original Petition (the “Petition”). I. GENERAL DENIAL 1. Defendant asserts its general denial as authorized by Rule 92 of the Texas Rules of Civil Procedure to the allegations contained in Plaintiff’s Petition, and any amendments or supplements thereto, and upon trial of this case will require Plaintiff to prove each and every allegation asserted against it by a preponderance of the evidence, as is required by the laws of this State of Texas and the Constitution of the United States. II. AFFIRMATIVE AND OTHER DEFENSES 2. Plaintiff’s claims are barred in whole or in part due to the terms, limitations, restrictions, exclusions, and endorsements contained in and to the Policy that is the basis of Plaintiff’s suit. 3. Plaintiff’s claims are barred because there was a reasonable basis for denying all or part of the insurance claim at issue. 4. Plaintiff’s claims are barred in whole or in part by the equitable doctrine of waiver. Page 1 of 3 Electronically Filed 8/15/2022 9:00 AM Hidalgo County District Clerks Reviewed By: Faith Martinez 5. Plaintiff’s claims are barred in whole or in part because Plaintiff failed to mitigate or minimize its alleged damages. 6. Plaintiff’s damages, if any, were proximately caused by the acts, omissions, or breaches of other persons and entities, including Plaintiff, and said acts, omissions, or breaches were intervening and superseding causes of Plaintiff’s damages, if any. Defendant asserts its right to comparative and/or proportionate responsibility as provided in Chapter 33 of the Texas Civil Practice and Remedies Code and request that the fact finder apportion responsibility as provided in Chapter 33. 7. Defendant claims all offsets and credits available under Chapter 33 of the Texas Civil Practice and Remedies Code. 8. Any and all claims alleged by Plaintiff are barred, in whole or in part, to the extent they seek an improper punitive damages award for an alleged single wrong because such an award would violate Defendant’s rights guaranteed by the United States Constitution, including, without limitation, the Due Process and Equal Protection provisions of the Fourteenth Amendment and the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution, and Defendant’s rights to the Due Course of Law under the Texas Constitution. 9. Plaintiff is not entitled to punitive damages, and any and all excessive amounts of such damages sought herein violate Chapter 41 of the Texas Civil Practice and Remedies Code, the Texas Constitution, and the United States Constitution, all of which set limits on the award of punitive damages. 10. Any award of pre-judgment interest is limited by the dates and amounts as set forth in Chapter 304 of the Texas Finance Code and/or Chapter 41 of the Texas Civil Practice & Remedies Code. Page 2 of 3 Electronically Filed 8/15/2022 9:00 AM Hidalgo County District Clerks Reviewed By: Faith Martinez 11. Defendant reserves the right to later amend or add to these affirmative defenses. III. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant Underwriters at Lloyd’s, London respectfully requests the Court enter judgment that Plaintiff take nothing in this suit, the Court enter an order dismissing Plaintiff’s suit with prejudice, Defendant recover its costs and attorneys’ fees, and for all other relief to which Defendant may be justly entitled. Respectfully submitted, By: /s/ Valerie Henderson Valerie Henderson Texas Bar No. 24078655 Kirsten D. Vesel Texas Bar No. 24121183 BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ. P.C. 1301 McKinney Street, Suite 3700 Houston, Texas 77010 Telephone: (713) 650-9700 Facsimile: (713) 650-9701 vhenderson@bakerdonelson.com kvesel@bakerdonelson.com Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that on August 15, 2022, a true and correct copy of the foregoing was served on the following counsel pursuant to the Texas Rules of Civil Procedure: Larry W. Lawrence, Jr. Michael A. Lawrence Celeste Guerra LAWRENCE LAW FIRM 3112 Windsor Rd. Suite A234 Austin, Texas 78703 Lawrencefirm@aol.com Lawrencefirm@gmail.com /s/ Valerie Henderson Valerie Henderson Page 3 of 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Cecilia Bravo on behalf of Valerie Henderson Bar No. 24078655 cbravo@bakerdonelson.com Envelope ID: 67269128 Status as of 8/15/2022 9:07 AM CST Associated Case Party: Great Lakes Insurance Company SE Name BarNumber Email TimestampSubmitted Status Kirsten Vesel kvesel@bakerdonelson.com 8/15/2022 9:00:18 AM SENT Valerie Henderson vhenderson@bakerdonelson.com 8/15/2022 9:00:18 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Cecilia Bravo on behalf of Valerie Henderson Bar No. 24078655 cbravo@bakerdonelson.com Envelope ID: 67269128 Status as of 8/15/2022 9:07 AM CST Associated Case Party: 313 Hackberry Land Name BarNumber Email TimestampSubmitted Status Michael Lawrence 24055826 lawrencefirm@gmail.com 8/15/2022 9:00:18 AM SENT Larry W. Lawrence 794145 lawrencefirm@aol.com 8/15/2022 9:00:18 AM SENT