Preview
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
Cause No.
HUMBERTO RIVERA, BIANCA 50le § IN THE DISTRICT COURT
and YASMINE MOLINA
Plaintiffs
§
§
§
_ DISTRICT COURT
v. §
§
FRED LOYA INSURANCE AGENCY, INC. § HIDALGO COUNTY, TEXAS
PLAINTIFFS’ ORIGINAL PETITION
TO TI-E HONORABLE JUDGE OF SAID COURT:
NOW COME, Plaintifis, HUMBERTO RIVERA, BIANCA SOLIZ, and YASMINE
MOLINA, hereinafter jointly referred to as Plaintiffs, complaining of and about FRED LOYA
INSURANCE AGENCY, INC., hereinafter referred to as Defendant, and for cause of action show
unto the Court the following:
I. DISCOVERY CONTROL PLAN LEVEL
1. Plaintifis affirmatively plead that they seek monetary relief of $200,000.00 to
$1,000,000.00, including damages of any kind, penalties, costs, expenses pre-judgment interest
and attorney fees and intends that discovery be conducted under Discovery Level 2.
II. PARTIES AND SERVICE
2. Plaintifi, Humberto Rivera, is an individual who resides in Hidalgo County, Texas.
3. Plaintiff, Bianca Soliz, is an individual who resides in Hidalgo County, Texas.
4. Plaintiff, Yasmine Molina, is an individual who resides in Hidalgo County, Texas.
5. Defendant, Fred Loya Insurance Agency, Inc., is a corporation doing business in Texas. It
may be served with citation by and through its registered agent for service: Jose Ramirez at 1800
North Lee Trevino, Suite 201, El Paso, Texas 79936, or wherever else he may be found.
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
III. JURISDICTION AND VENUE
6. The subject matter in controversy is within the jurisdictional limits of this court.
7. This court has jurisdiction over the parties because Defendant is a Texas corporation.
8. Venue in Hidalgo County is proper in this cause under Section 15.002(a)(1) 6f the Texas
Civil Practice and Remedies Code because all or a substantial part of the events or omissions
giving rise to this lawsuit occurred in this county.
IV. PRESERVATION OF EVIDENCE
9. Plaintiffs hereby request and demand that Defendant preserve and maintain all evidence
pertaining to any claim or defense related to the incident made the basis of this lawsuit or the
resulting damages including statements, photographs, videotapes, audiotapes, surveillance or
security tapes or information, business or medical records, incident reports, periodic reports,
financial statements, bills, telephone call slips or records, estimates, invoices, checks,
measurements, correspondence, facsimiles, email, voicemail, text messages any evidence
involving the incident in question, and any electronic image or information related to the
referenced incident or damages.
10. Failure to maintain such items will constitute “spoliation” of the evidence.
V. FACTS
11. On August 22, 2023, Plaintifi‘s were passing the intersection of Cesar Chavez Rd. and
Curve Rd when an uninsured driver failed t0 yield the right of way and struck their vehicle on the
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
left back quarter. Due t0 Plaintiffs’ extensive injuries and the adverse driver’s lack of insurance,
Plaintifis are required to bring a claim against Fred Loya Insurance Agency, Inc. for compensation.
VI. CAUSES OF ACTION AGAINST FRED LOYA INSURANCE AGENCY. INC.
12. At the time of the accident at issue, the adverse motorist reported his lack of insurance,
hence not providing any insurance information to cover Plaintifi‘s’ damages.
13. Plaintiffs timely and properly notified their insurance carn'er, FRED LOYA INSURANCE
AGENCY, INC., of the accident. Plaintiffs have fully complied with all the conditions of the
insurance policy prior to bringing this suit. Nevertheless, FRED LOYA INSURANCE AGENCY,
INC. has refused to pay Plaintiffs uninsured motorist benefits under the policy as it is contractually
required to do.
14. In addition, Plaintifi‘s are entitled to recover reasonable and necessary attorney fees and
costs under CPRC § 38.001 AND/OR Tex. Ins. Code § 542.060(a) and interest of 18% under Tex.
Ins. Code §542.060.
15. A11 conditions precedent have been performed or have occurred.
VII. BREACH OF CONTRACT
16. Plaintiffs presented offers to settle their injuries. Defendant Fred Loya subsequently failed
to present any settlement ofi'ers. Plaintiff’s damages, including pain and sufiering, mental anguish,
future damages, and actual incurred past damages have amounted t0 more than the bad faith ofi‘er
presented by Defendant Fred Loya.
17. The driver responsible for this accident did not have liability coverage. The injuries
sustained by Plaintiffs were not the result of intentional acts but were accidental and caused by the
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
negligence of the uninsured driver. Plaintifis hereby seek recovery for injuries under uninsured
coverage.
18. Defendant Fred Loya was timely informed of the accident and that Plaintiffs intended to
claim first party benefits around August 2023. Defendant Fred Loya refilsed and continues to
refuse to provide coverage to Plaintifis under the above policy.
VIII. DECEPTIVE TRADE PRACTICES ACT & TEXAS INSURANCE CODE
19. Plaintifis would show that Defendant Fred Loya engaged in certain false, misleading, and
deceptive acts, practices and/or omissions actionable under the Texas Deceptive Trade Practices-
Consumer Protection Act (Texas Business and Commer Code, Chapter 17.41, et seq.), as alleged
herein below.
20. Specifically, Defendant Fred Loya violated the following sections under Texas Deceptive
Trade Practices-Consumer Protection Act, which constitutes the following acts:
a. Section 17,46(b)(5): representing that goods or services have sponsorship,
approval, characteristics, ingredients, uses, benefits, or quantities, which they do
not have or that a person has a sponsorship, approval, status, afiiliation, or
connection which they do not;
b. Section 17.46(b)(12): representing that an agreement confers or involves rights,
remedies, or obligations for which it does not have or does not involve, or which
are prohibited by law;
c. Section 17.46(b)(24): failing to disclose information concerning goods or services
which was known at the time of the transaction if such failure to disclose such
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
information was intended to induce the consumer into a transaction into which the
consumer would not have entered had the information been disclosed; and
d. Section 17.50(a)(4): the use or employment by any person of an act or practice in
violation of Chapter 541 ,
Insurance Code (as described herein)
21. Unconscionable Action or Course of Action. Defendant Fred Loya engaged in an
“unconscionable action or course of action’ to the detriment of Plaintiffs as defined in Section
1745(5) of the Texas Business and Commerce Code, by taking advantage of the knowledge,
ability, experience, or capacity of Plaintifis to a grossly unfair degree.
22. Unfair Claim Settlement Practices. Defendant Fred Loya further violated Texas Insurance
Code, Section 541 .151(1), 541 .060(a)(1), (2)(A), (3), and (7) and Section 541.1 51(2) by engaging
in an unfair and deceptive course of conduct by failing to investigate the basis of said claims and
pay benefits as set forth in the factual background above, misrepresenting to a claimant a material
fact 0f policy provision relating to coverage, and failing to provide promptly to Plaintiffs a
reasonable explanation of the factual and legal basis in the policy for their denial of medical
benefits, which precluded Plaintiffs from receiving timely benefits. Specifically, Plaintifis assert
that Defendant Fred Loya failed to promptly pay uninsured/unknown benefits as required by the
terms and conditions of the insurance policy, and without conducting a reasonable investigation
prior to denying said benefits. Said violations were a production cause of Plaintifis’ actual damages
as provided herein.
23. Plaintiffs further would show that they have made written demands for resolution of the
claims set forth herein, and that said written demand satisfies the requirements of the Insurance
Code and DTPA.
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
24. Plaintiffs further would show that the above—described actions of Defendant, Fred Loya,
were committed knowingly and/or intentionally, thus entitling Plaintiffs to additional damages as
provided in the Texas Insurance Code.
25. Plaintiffs would further show that the above-descried actions of Defendant Fred Loya were
committed knowingly and/or intentionally, thus entitling Plaintifl‘s to additional damages as
provided in the DTPA.
IX. NEGLIGENT MISREPRESENTATION
26. Plaintifis would show that Defendant Fred Loya supplied false information in the course
of said Defendant’s business, profession, or employment or in the course 0f a transaction in that
Defendant Fred Loya has a pecuniary interest, and that such information was supplied by
Defendant Fred Loya for the guidance of Plaintifis in the transactions described hereinabove.
Defendant Fred Loya failed to exercise reasonable care or competence in obtaining or
communicating such information. Plaintifis aver that Plaintiffs sufiered pecuniary loss, described
more fully herein below, which was proximately caused by Plaintiffs’ justifiable reliance on such
information.
27. Plaintiffs therefore asserts a cause of action for negligent misrepresentation against
Defendant, as provided by Federal Land Bank Association of Tyler v. Sloane, 825 S.W.2d 439
(Tex. 1991).
X. FRAUDULENT INDUCEMENT
28. There exists between Plaintifis and Defendant Fred Loya a valid, enforceable contract, the
insurance policy described herein.
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
29. Defendant made numerous false and material misrepresentations to Plaintiffs, which
Defendant Fred Loya knew to be false, in order to induce Plaintifis into entering into a contract.
30. Plaintiffs relied 0n these misrepresentations and entered into an agreement with Defendant
Fred Loya. Defendant Fred Loya has refused and continues to refuse to honor the promises made
to Plaintifis.
XI. DAMAGES FOR PLAINTIFF, HUMBERTO RIVERA
31. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintifi,
HUMBERTO RIVERA was caused to suffer personal inj uries, and to incur the following damages:
a. The physical pain and mental anguish sustained from the date of collision t0 the
time of verdict herein;
The physical pain and mental anguish which, in reasonable medical probability,
will be sufl‘ered afier the date of verdict herein;
The reasonable and necessary costs of medical care and treatment, including
doctors, hospitals, nurses, medicines, and other services and supplies from the date
of the collision to the time of verdict herein;
The reasonable and necessary costs of medical care and treatment, including
doctors, hospitals, nurses, medicines, and other services and supplies, which, in
reasonable probability will be incurred in the future after the date of verdict herein;
Physical impairment which has been sustained, resulting in lessened use and/or
movement of various parts of Plaintiff’s body from the date of the collision to the
date of verdict herein;
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3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
f. The physical impairment which, in reasonable probability, will be sustained to
various parts ofPlaintiff’s body, resulting in lessened use and/or movement of same
in the future after the date of verdict herein;
g. Physical disfigurement which has been sustained, resulting in lessened use and/or
movement of various parts of Plaintifi’s body from the date of the collision to the
date of verdict herein; and
h. The physical disfigurement which, in reasonable probability, will be sustained to
various parts ofPlaintifl‘s body, resulting in lessened use and/or movement of same
in the future after the date of verdict herein.
XII. DAMAGES FOR PLAINTIFF, BIANCA SOLIZ
32. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff,
BIANCA SOLIZ, was cause to suffer personal injuries, and to incur the following damages:
a. The physical pain and mental anguish sustained from the date of collision to the
time of verdict herein;
b. The physical pain and mental anguish which, in reasonable medical probability,
will be suffered after the date of verdict herein;
c. The reasonable and necessary costs of medical care and treatment, including
doctors, hospitals, nurses, medicines, and other services and supplies from the date
of the collision to the time of verdict herein;
d. The reasonable and necessary costs of medical care and treatment, including
doctors, hospitals, nurses, medicines, and other services and supplies, which, in
reasonable probability Will be incurred in the future afier the date of verdict herein;
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
e. Physical impairment which has been sustained, resulting in lessened use and/or
movement of various parts 0f Plaintiff’s body fiom the date of the collision to the
date of verdict herein;
f. The physical impairment which, in reasonable probability, will be sustained to
various parts of Plaintiff’s body, resulting in lessened use and/or movement of same
in the future after the date of verdict herein;
g. Physical disfigurement which has been sustained, resulting in lessened use and/or
movement of various parts of Plaintiff’s body from the date of the collision to the
date of verdict herein; and
h. The physical disfigurement which, in reasonable probability, will be sustained to
various parts of Plaintifi‘s body, resulting in lessened use and/or movement of same
in the fiJture after the date of verdict herein.
XIII. DAMAGES FOR PLAINTIFF, YASMINE MOLINA
33. As a direct and proximate result ofthe occurrence made the basis of this lawsuit, Plaintiff,
BIANCA SOLIZ, was cause to sufi‘er personal injuries, and t0 incur the following damages:
a. The physical pain and mental anguish sustained from the date of collision to the
time of verdict herein;
b. The physical pain and mental anguish which, in reasonable medical probability,
will be suffered after the date of verdict herein;
c. The reasonable and necessary costs of medical care and treatment, including
doctors, hospitals, nurses, medicines, and other services and supplies from the date
of the collision to the time of verdict herein;
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
d. The reasonable and necessary costs of medical care and treatment, including
doctors, hospitals, nurses, medicines, and other services and supplies, which, in
reasonable probability will be incurred in the future after the date of verdict herein;
e. Physical impairment which has been sustained, resulting in lessened use and/or
movement of various parts of Plaintiff’s body from the date of the collision to the
date of verdict herein;
f. The physical impairment which, in reasonable probability, will be sustained to
various parts 0f Plaintifi’s body, resulting in lessened use and/or movement of same
in the future after the date of verdict herein;
g. Physical disfigurement which has been sustained, resulting in lessened use and/or
movement of various parts of Plaintifl’s body fiom the date of the collision to the
date of verdict herein; and
h. The physical disfigurement which, in reasonable probability, will be sustained to
various parts of Plaintifi‘s body, resulting in lessened use and/or movement of same
in the future after the date of verdict herein.
XIV. ATTORNEY’S FEES
34. Request is made for all costs and reasonable and necessary attorney’s fees incurred by or
on behalf of Plaintiffs herein, including all fees necessary in the event of an appeal of this cause to
the Court of Appreals and the Supreme Court of Texas, as the Court deems equitable and just, as
provided by:
a. Chapter 38 0f the Texas Civil Practice and Remedies Code;
b. Common law.
Electronically Filed
3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
XV. REQUEST FOR DISCLOSURE
35. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendant is required to make
the initial disclosures under Tex. R. Civ. 194.2(1 )-(12) within thirty (3 0) days after the first answer
or general appearance.
XVI. RULE 193.7 NOTICE OF USE
36. Pursuant to Rule 193.7 0f the Texas Rules of Civil Procedure, Defendant is hereby notified
that Plaintifis intend to use all documents produced by Defendant in response to written discovery
in pretrial proceedings and trial. Defendant is required to assert any objection to the authenticity
of any document Defendant produces within ten days of its production.
XVII. DEMAND FOR JURY TRIAL
37. Plaintifl' demands a trial by jury. Plaintiff acknowledges payment, this date, of the required
jury fee.
XVIH. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintifis respectfully pray that the Defendant
be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be
entered for the PlaintiES against Defendant for damages in an amount within the jurisdictional
limits 0f the Court; together with pre-j udgment interest at the maximum rate allowed by law; post—
judgment interest at the legal rate, costs of court; and such other and further relief to which the
Plaintiffs may be entitled at law or in equity.
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3/22/2024 10:36 AM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-1362-24-B
Respectfillly submitted,
LAW OFFICE OF ALEX MARTINEZ, PLLC
421 South 12th Street
McAllen, Texas 78501
Telephone No. (956) 540—2255
Telecopier No. (956) 5 1 3-0444
ya
ALEX TINEZ
State Bar No. 24063297
attorney@alexmartinezlaw.com
ATTORNEY FOR PLAINTIFFS
HUMBERTO RIVERA, BIANCA SOLIZ,
and YASMINE MOLINA
Preview
Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B Cause No. HUMBERTO RIVERA, BIANCA 50le § IN THE DISTRICT COURT and YASMINE MOLINA Plaintiffs § § § _ DISTRICT COURT v. § § FRED LOYA INSURANCE AGENCY, INC. § HIDALGO COUNTY, TEXAS PLAINTIFFS’ ORIGINAL PETITION TO TI-E HONORABLE JUDGE OF SAID COURT: NOW COME, Plaintifis, HUMBERTO RIVERA, BIANCA SOLIZ, and YASMINE MOLINA, hereinafter jointly referred to as Plaintiffs, complaining of and about FRED LOYA INSURANCE AGENCY, INC., hereinafter referred to as Defendant, and for cause of action show unto the Court the following: I. DISCOVERY CONTROL PLAN LEVEL 1. Plaintifis affirmatively plead that they seek monetary relief of $200,000.00 to $1,000,000.00, including damages of any kind, penalties, costs, expenses pre-judgment interest and attorney fees and intends that discovery be conducted under Discovery Level 2. II. PARTIES AND SERVICE 2. Plaintifi, Humberto Rivera, is an individual who resides in Hidalgo County, Texas. 3. Plaintiff, Bianca Soliz, is an individual who resides in Hidalgo County, Texas. 4. Plaintiff, Yasmine Molina, is an individual who resides in Hidalgo County, Texas. 5. Defendant, Fred Loya Insurance Agency, Inc., is a corporation doing business in Texas. It may be served with citation by and through its registered agent for service: Jose Ramirez at 1800 North Lee Trevino, Suite 201, El Paso, Texas 79936, or wherever else he may be found. Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B III. JURISDICTION AND VENUE 6. The subject matter in controversy is within the jurisdictional limits of this court. 7. This court has jurisdiction over the parties because Defendant is a Texas corporation. 8. Venue in Hidalgo County is proper in this cause under Section 15.002(a)(1) 6f the Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions giving rise to this lawsuit occurred in this county. IV. PRESERVATION OF EVIDENCE 9. Plaintiffs hereby request and demand that Defendant preserve and maintain all evidence pertaining to any claim or defense related to the incident made the basis of this lawsuit or the resulting damages including statements, photographs, videotapes, audiotapes, surveillance or security tapes or information, business or medical records, incident reports, periodic reports, financial statements, bills, telephone call slips or records, estimates, invoices, checks, measurements, correspondence, facsimiles, email, voicemail, text messages any evidence involving the incident in question, and any electronic image or information related to the referenced incident or damages. 10. Failure to maintain such items will constitute “spoliation” of the evidence. V. FACTS 11. On August 22, 2023, Plaintifi‘s were passing the intersection of Cesar Chavez Rd. and Curve Rd when an uninsured driver failed t0 yield the right of way and struck their vehicle on the Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B left back quarter. Due t0 Plaintiffs’ extensive injuries and the adverse driver’s lack of insurance, Plaintifis are required to bring a claim against Fred Loya Insurance Agency, Inc. for compensation. VI. CAUSES OF ACTION AGAINST FRED LOYA INSURANCE AGENCY. INC. 12. At the time of the accident at issue, the adverse motorist reported his lack of insurance, hence not providing any insurance information to cover Plaintifi‘s’ damages. 13. Plaintiffs timely and properly notified their insurance carn'er, FRED LOYA INSURANCE AGENCY, INC., of the accident. Plaintiffs have fully complied with all the conditions of the insurance policy prior to bringing this suit. Nevertheless, FRED LOYA INSURANCE AGENCY, INC. has refused to pay Plaintiffs uninsured motorist benefits under the policy as it is contractually required to do. 14. In addition, Plaintifi‘s are entitled to recover reasonable and necessary attorney fees and costs under CPRC § 38.001 AND/OR Tex. Ins. Code § 542.060(a) and interest of 18% under Tex. Ins. Code §542.060. 15. A11 conditions precedent have been performed or have occurred. VII. BREACH OF CONTRACT 16. Plaintiffs presented offers to settle their injuries. Defendant Fred Loya subsequently failed to present any settlement ofi'ers. Plaintiff’s damages, including pain and sufiering, mental anguish, future damages, and actual incurred past damages have amounted t0 more than the bad faith ofi‘er presented by Defendant Fred Loya. 17. The driver responsible for this accident did not have liability coverage. The injuries sustained by Plaintiffs were not the result of intentional acts but were accidental and caused by the Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B negligence of the uninsured driver. Plaintifis hereby seek recovery for injuries under uninsured coverage. 18. Defendant Fred Loya was timely informed of the accident and that Plaintiffs intended to claim first party benefits around August 2023. Defendant Fred Loya refilsed and continues to refuse to provide coverage to Plaintifis under the above policy. VIII. DECEPTIVE TRADE PRACTICES ACT & TEXAS INSURANCE CODE 19. Plaintifis would show that Defendant Fred Loya engaged in certain false, misleading, and deceptive acts, practices and/or omissions actionable under the Texas Deceptive Trade Practices- Consumer Protection Act (Texas Business and Commer Code, Chapter 17.41, et seq.), as alleged herein below. 20. Specifically, Defendant Fred Loya violated the following sections under Texas Deceptive Trade Practices-Consumer Protection Act, which constitutes the following acts: a. Section 17,46(b)(5): representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities, which they do not have or that a person has a sponsorship, approval, status, afiiliation, or connection which they do not; b. Section 17.46(b)(12): representing that an agreement confers or involves rights, remedies, or obligations for which it does not have or does not involve, or which are prohibited by law; c. Section 17.46(b)(24): failing to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed; and d. Section 17.50(a)(4): the use or employment by any person of an act or practice in violation of Chapter 541 , Insurance Code (as described herein) 21. Unconscionable Action or Course of Action. Defendant Fred Loya engaged in an “unconscionable action or course of action’ to the detriment of Plaintiffs as defined in Section 1745(5) of the Texas Business and Commerce Code, by taking advantage of the knowledge, ability, experience, or capacity of Plaintifis to a grossly unfair degree. 22. Unfair Claim Settlement Practices. Defendant Fred Loya further violated Texas Insurance Code, Section 541 .151(1), 541 .060(a)(1), (2)(A), (3), and (7) and Section 541.1 51(2) by engaging in an unfair and deceptive course of conduct by failing to investigate the basis of said claims and pay benefits as set forth in the factual background above, misrepresenting to a claimant a material fact 0f policy provision relating to coverage, and failing to provide promptly to Plaintiffs a reasonable explanation of the factual and legal basis in the policy for their denial of medical benefits, which precluded Plaintiffs from receiving timely benefits. Specifically, Plaintifis assert that Defendant Fred Loya failed to promptly pay uninsured/unknown benefits as required by the terms and conditions of the insurance policy, and without conducting a reasonable investigation prior to denying said benefits. Said violations were a production cause of Plaintifis’ actual damages as provided herein. 23. Plaintiffs further would show that they have made written demands for resolution of the claims set forth herein, and that said written demand satisfies the requirements of the Insurance Code and DTPA. Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B 24. Plaintiffs further would show that the above—described actions of Defendant, Fred Loya, were committed knowingly and/or intentionally, thus entitling Plaintiffs to additional damages as provided in the Texas Insurance Code. 25. Plaintiffs would further show that the above-descried actions of Defendant Fred Loya were committed knowingly and/or intentionally, thus entitling Plaintifl‘s to additional damages as provided in the DTPA. IX. NEGLIGENT MISREPRESENTATION 26. Plaintifis would show that Defendant Fred Loya supplied false information in the course of said Defendant’s business, profession, or employment or in the course 0f a transaction in that Defendant Fred Loya has a pecuniary interest, and that such information was supplied by Defendant Fred Loya for the guidance of Plaintifis in the transactions described hereinabove. Defendant Fred Loya failed to exercise reasonable care or competence in obtaining or communicating such information. Plaintifis aver that Plaintiffs sufiered pecuniary loss, described more fully herein below, which was proximately caused by Plaintiffs’ justifiable reliance on such information. 27. Plaintiffs therefore asserts a cause of action for negligent misrepresentation against Defendant, as provided by Federal Land Bank Association of Tyler v. Sloane, 825 S.W.2d 439 (Tex. 1991). X. FRAUDULENT INDUCEMENT 28. There exists between Plaintifis and Defendant Fred Loya a valid, enforceable contract, the insurance policy described herein. Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B 29. Defendant made numerous false and material misrepresentations to Plaintiffs, which Defendant Fred Loya knew to be false, in order to induce Plaintifis into entering into a contract. 30. Plaintiffs relied 0n these misrepresentations and entered into an agreement with Defendant Fred Loya. Defendant Fred Loya has refused and continues to refuse to honor the promises made to Plaintifis. XI. DAMAGES FOR PLAINTIFF, HUMBERTO RIVERA 31. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintifi, HUMBERTO RIVERA was caused to suffer personal inj uries, and to incur the following damages: a. The physical pain and mental anguish sustained from the date of collision t0 the time of verdict herein; The physical pain and mental anguish which, in reasonable medical probability, will be sufl‘ered afier the date of verdict herein; The reasonable and necessary costs of medical care and treatment, including doctors, hospitals, nurses, medicines, and other services and supplies from the date of the collision to the time of verdict herein; The reasonable and necessary costs of medical care and treatment, including doctors, hospitals, nurses, medicines, and other services and supplies, which, in reasonable probability will be incurred in the future after the date of verdict herein; Physical impairment which has been sustained, resulting in lessened use and/or movement of various parts of Plaintiff’s body from the date of the collision to the date of verdict herein; Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B f. The physical impairment which, in reasonable probability, will be sustained to various parts ofPlaintiff’s body, resulting in lessened use and/or movement of same in the future after the date of verdict herein; g. Physical disfigurement which has been sustained, resulting in lessened use and/or movement of various parts of Plaintifi’s body from the date of the collision to the date of verdict herein; and h. The physical disfigurement which, in reasonable probability, will be sustained to various parts ofPlaintifl‘s body, resulting in lessened use and/or movement of same in the future after the date of verdict herein. XII. DAMAGES FOR PLAINTIFF, BIANCA SOLIZ 32. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff, BIANCA SOLIZ, was cause to suffer personal injuries, and to incur the following damages: a. The physical pain and mental anguish sustained from the date of collision to the time of verdict herein; b. The physical pain and mental anguish which, in reasonable medical probability, will be suffered after the date of verdict herein; c. The reasonable and necessary costs of medical care and treatment, including doctors, hospitals, nurses, medicines, and other services and supplies from the date of the collision to the time of verdict herein; d. The reasonable and necessary costs of medical care and treatment, including doctors, hospitals, nurses, medicines, and other services and supplies, which, in reasonable probability Will be incurred in the future afier the date of verdict herein; Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B e. Physical impairment which has been sustained, resulting in lessened use and/or movement of various parts 0f Plaintiff’s body fiom the date of the collision to the date of verdict herein; f. The physical impairment which, in reasonable probability, will be sustained to various parts of Plaintiff’s body, resulting in lessened use and/or movement of same in the future after the date of verdict herein; g. Physical disfigurement which has been sustained, resulting in lessened use and/or movement of various parts of Plaintiff’s body from the date of the collision to the date of verdict herein; and h. The physical disfigurement which, in reasonable probability, will be sustained to various parts of Plaintifi‘s body, resulting in lessened use and/or movement of same in the fiJture after the date of verdict herein. XIII. DAMAGES FOR PLAINTIFF, YASMINE MOLINA 33. As a direct and proximate result ofthe occurrence made the basis of this lawsuit, Plaintiff, BIANCA SOLIZ, was cause to sufi‘er personal injuries, and t0 incur the following damages: a. The physical pain and mental anguish sustained from the date of collision to the time of verdict herein; b. The physical pain and mental anguish which, in reasonable medical probability, will be suffered after the date of verdict herein; c. The reasonable and necessary costs of medical care and treatment, including doctors, hospitals, nurses, medicines, and other services and supplies from the date of the collision to the time of verdict herein; Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B d. The reasonable and necessary costs of medical care and treatment, including doctors, hospitals, nurses, medicines, and other services and supplies, which, in reasonable probability will be incurred in the future after the date of verdict herein; e. Physical impairment which has been sustained, resulting in lessened use and/or movement of various parts of Plaintiff’s body from the date of the collision to the date of verdict herein; f. The physical impairment which, in reasonable probability, will be sustained to various parts 0f Plaintifi’s body, resulting in lessened use and/or movement of same in the future after the date of verdict herein; g. Physical disfigurement which has been sustained, resulting in lessened use and/or movement of various parts of Plaintifl’s body fiom the date of the collision to the date of verdict herein; and h. The physical disfigurement which, in reasonable probability, will be sustained to various parts of Plaintifi‘s body, resulting in lessened use and/or movement of same in the future after the date of verdict herein. XIV. ATTORNEY’S FEES 34. Request is made for all costs and reasonable and necessary attorney’s fees incurred by or on behalf of Plaintiffs herein, including all fees necessary in the event of an appeal of this cause to the Court of Appreals and the Supreme Court of Texas, as the Court deems equitable and just, as provided by: a. Chapter 38 0f the Texas Civil Practice and Remedies Code; b. Common law. Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B XV. REQUEST FOR DISCLOSURE 35. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendant is required to make the initial disclosures under Tex. R. Civ. 194.2(1 )-(12) within thirty (3 0) days after the first answer or general appearance. XVI. RULE 193.7 NOTICE OF USE 36. Pursuant to Rule 193.7 0f the Texas Rules of Civil Procedure, Defendant is hereby notified that Plaintifis intend to use all documents produced by Defendant in response to written discovery in pretrial proceedings and trial. Defendant is required to assert any objection to the authenticity of any document Defendant produces within ten days of its production. XVII. DEMAND FOR JURY TRIAL 37. Plaintifl' demands a trial by jury. Plaintiff acknowledges payment, this date, of the required jury fee. XVIH. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintifis respectfully pray that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the PlaintiES against Defendant for damages in an amount within the jurisdictional limits 0f the Court; together with pre-j udgment interest at the maximum rate allowed by law; post— judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiffs may be entitled at law or in equity. Electronically Filed 3/22/2024 10:36 AM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-1362-24-B Respectfillly submitted, LAW OFFICE OF ALEX MARTINEZ, PLLC 421 South 12th Street McAllen, Texas 78501 Telephone No. (956) 540—2255 Telecopier No. (956) 5 1 3-0444 ya ALEX TINEZ State Bar No. 24063297 attorney@alexmartinezlaw.com ATTORNEY FOR PLAINTIFFS HUMBERTO RIVERA, BIANCA SOLIZ, and YASMINE MOLINA