Preview
4/15/2024 10:24 AM
Marilyn Burgess - District Clerk Harris County
Envelope No. 86647796
2024-23963 / Court: 165 By: Bernitta Barrett
Filed: 4/15/2024 10:24 AM
NO. ——
BODIUL ALAM IN THE DISTRICT COURT
Plaintiff,
Vv
JUDICIAL DISTRICT
AUTO CLUB COUNTY MUTUAL
INSURANCE COMPANY
Defendant. OF HARRIS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, BODIUL ALAM, hereinafter called Plaintiff, complaining of and about
AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY, hereinafter called Defendant,
and for cause of action show unto the Court the following
DISCOVERY CONTROL PLAN LEVEL
1 Plaintiff affirmatively plead that they seek monetary relief of $250,000 or less and
non-monetary relief and intends that discovery be conducted under Discovery Level 2.
PARTIES AND SERVICE
2 Plaintiff, BODIUL ALAM, is an individual who resides in Harris County.
3 Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY, a
Corporation based in Texas, is organized under the laws of the State of Texas, and service of
process on the Defendant may be effected pursuant to article 2.11(A) of the Texas Business
Corporation Act, or its successor statute, sections 5.201 and 5.255 of the Texas Business
Organizations Code, by serving the registered agent of the Corporation Service Company, at 211
E. 7th Street, Suite 620, Austin, Texas 78701, its registered office. Service of said Defendant as
described above can be affected by certified mail, return receipt requested.
JURISDICTION AND VENUE
4 The subject matter in controversy is within the jurisdictional limits of this court.
5 This court has jurisdiction over the parties because Defendant is a Texas resident.
6 Venue in Harris County is proper in this cause under Section 15.002(a)(1) of 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
PRESERVATION OF EVIDENCE
7 Plaintiff hereby requests and demands 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, voice mail, text messages, any evidenced involving the incident in
question, and any electronic image or information related to the referenced incident or damages.
8 Failure to maintain such items will constitute “spoliation” of the evidence.
FACTS
9 On October 20, 2022, Bodiul Alam was traveling southbound on the 7200 block of
Gulf Freeway, when an underinsured motorist failed to slow down for heavy traffic and rear-ended
another vehicle. The impact of the collision caused the other vehicle to rear-end Plaintiffs vehicle
2
As a result of the collision, Plaintiff sustained serious personal injuries for which he had to seek
the care of medical professionals. Due to Plaintiff's extensive injuries, JULIO CESAR GALVAN
is underinsured, which required a claim against AUTO CLUB COUNTY MUTUAL
INSURANCE COMPANY for compensation.
CAUSES OF ACTION AGAINST AUTO CLUB COUNTY MUTUAL INSURANCE
COMPANY
10. At the time of the collision at issue, an underinsured motorist, JULIO CESAR
GALVAN, was operating an underinsured motor vehicle, as the term is defined in the applicable
insurance policies. JULIO CESAR GALVAN was the driver of a vehicle insured by AUTO CLUB
COUNTY MUTUAL INSURANCE COMPANY and the policy coverage is insufficient to cover
Plaintiff's damages.
11 Plaintiff timely and properly notified his insurance carrier, AUTO CLUB
COUNTY MUTUAL INSURANCE COMPANY, of the accident. Plaintiff has fully complied
with all the conditions of his insurance policy prior to bringing this suit. Nevertheless, AUTO
CLUB COUNTY MUTUAL INSURANCE COMPANY have refused to pay Plaintiff any
underinsured benefits under the policies as it is contractually required to do.
12. In addition, Plaintiff is 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.
13 All conditions precedent have been performed or have occurred.
BREACH OF CONTRACT
14. At the time of the accident at issue, JULIO CESAR GALVAN was operating an
underinsured motor vehicle, as the term is defined in the applicable insurance policies. JULIO
3
CESAR GALVAN is an underinsured motorist and there are no applicable policies to cover
Plaintiff's damages.
15. Plaintiff timely and properly notified his insurance carrier, Defendant AUTO
CLUB COUNTY MUTUAL INSURANCE COMPANY of the accident. Plaintiff has fully
complied with all the conditions of his insurance policy prior to bringing this suit.
DECEPTIVE TRADE PRACTICES ACT & TEXAS INSURANCE CODE
16. Plaintiff would show that Defendant AUTO CLUB COUNTY MUTUAL
INSURANCE COMPANY 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 Commerce Code, Chapter 17.41, et seq.), as alleged herein below.
17. Specifically, Defendant AUTO CLUB COUNTY MUTUAL INSURANCE
COMPANY violated the following sections under Texas Deceptive Trade Practices-Consumer
Protection Act, which constitutes the following acts unlawful:
(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, affiliation, or
connection which he does 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 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).
18. Unconscionable Action or Course of Action. Defendant AUTO CLUB COUNTY
MUTUAL INSURANCE COMPANY engaged in an “unconscionable action or course of action’
to the detriment of Plaintiff as defined by Section 17.45(5) of the Texas Business and Commerce
Code, by taking advantage of the knowledge, ability, experience, or capacity of Plaintiff to a
grossly unfair degree.
19. Unfair Claim Settlement Practices. Defendant AUTO CLUB COUNTY MUTUAL
INSURANCE COMPANY further violated Texas Insurance Code, Section 541.151(1),
541.060(a)(1), (2)(A), (3), and (7) and Section 541.151(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 of policy provision
relating to coverage, and failing to provide promptly to Plaintiff a reasonable explanation of the
factual and legal basis in the policy for their denial of medical benefits, which precluded Plaintiff
from receiving timely benefits. Specifically, Plaintiff asserts that Defendant AUTO CLUB
COUNTY MUTUAL INSURANCE COMPANY failed to promptly pay uninsured/underinsured
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 producing cause of
Plaintiff's actual damages as provided herein.
20. Plaintiff further would show that he has made written demand for resolution of the
claims set forth herein, and that said written demand satisfies the requirements of the Insurance
Code and DTPA.
21 Plaintiff further would show that the above-described actions of Defendant AUTO
CLUB COUNTY MUTUAL INSURANCE COMPANY was committed knowingly and/or
intentionally, thus entitling Plaintiff to additional damages as provided in the Texas Insurance
Code
22. Plaintiff would further show that the above-described actions of Defendant AUTO
CLUB COUNTY MUTUAL INSURANCE COMPANY was committed knowingly and/or
intentionally, thus entitling Plaintiff to additional damages as provided in the DTPA.
NEGLIGENT MISREPRESENTATION
23. Plaintiff would show that Defendant AUTO CLUB COUNTY MUTUAL
INSURANCE COMPANY supplied false information in the course of said Defendant’s business,
profession, or employment or in the course of a transaction in that Defendant AUTO CLUB
COUNTY MUTUAL INSURANCE COMPANY has a pecuniary interest, and that such
information was supplied by Defendant AUTO CLUB COUNTY MUTUAL INSURANCE
COMPANY for the guidance of Plaintiff in the transactions described hereinabove. Defendant
AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY failed to exercise reasonable care
or competence in obtaining or communicating such information. Plaintiff avers that Plaintiff
suffered pecuniary loss, described more fully herein below, which was proximately caused by
Plaintiff's justifiable reliance on such information.
24. Plaintiff therefore asserts a cause of action for negligent misrepresentation against
Defendant, as provided by Federal Land Bank Association of Tyler v. Sloane, 825 8.W.2d 439
(Tex. 1991).
FRADULENT INDUCEMENT
25 There exists between Plaintiff and Defendant AUTO CLUB COUNTY MUTUAL
INSURANCE COMPANY a valid, enforceable contract, the insurance policy described herein.
26. Defendant made numerous false and material misrepresentations to Plaintiff, which
Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY knew to be false, in
order to induce Plaintiff into entering into a contract
27. Plaintiff relied on these misrepresentations and entered into an agreement with
Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY Defendant AUTO
CLUB COUNTY MUTUAL INSURANCE COMPANY has refused and continues to refuse to
honor the promises made to Plaintiff.
DAMAGES FOR PLAINTIFF, BODIUL ALAM
28. As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiff, BODIUL ALAM was caused to suffer personal injuries, and to incur the following
damages:
The physical pain and mental anguish sustained from the date of collision to the
time of verdict herein;
The physical pain and mental anguish which, in reasonable medical probability,
will be suffered after the date of verdict herein;
The loss of earnings, or loss of earning capacity, sustained from the date of
incident to the time of verdict herein;
The loss of earnings, or loss of earning capacity, which will be sustained after
the 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;
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;
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
The physical disfigurement 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
ATTORNEY'S FEES
29. Request is made for all costs and reasonable and necessary attorney's fees incurred
by or on behalf of Plaintiff herein, including all fees necessary in the event of an appeal of this
cause to the Court of Appeals and the Supreme Court of Texas, as the Court deems equitable and
just, as provided by: (a) Chapter 38 of the Texas Civil Practice and Remedies Code; and, (b)
common law.
NOTICE OF USE
30. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Defendant is hereby
notified that Plaintiff intends 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 Plaintiff produces within ten days of its production.
PRE-EXISTING CONDITION
31. In the alternative, Plaintiff would show that if any injuries and/or conditions from
8
which he currently suffers were pre-existing, then such conditions were aggravated, exacerbated,
and/or made worse by the negligence of Defendant herein.
SUBSEQUENT CONDITION
32. In the alternative, Plaintiff would show that if he suffers from any subsequent injury
and/or condition, then such injury and or condition was aggravated and/or exacerbated by the
negligence of Defendant herein.
DESIGNATED E-SERVICE EMAIL ADDRESS
33 The following is the undersigned attorney’s designated e-Service email address for
all e- served documents and notices, filed and unfiled, pursuant to Tex. R. Civ. P. 21(f)(2) & 21a:
Litigation@TheHadiLawFirm.com. This is the undersigned’s only e-Service email address, and
ervice through any other email address will be considered invalid
REQUEST FOR DEPOSITION DATES
34 Pursuant to Rule 199 of the Texas Rules of Civil Procedure, Plaintiff requests that
each and every Defendant disclose, within fifty (50) days of service of this request, dates that
Defendant is available for Plaintiff to take Defendant’s deposition. Plaintiff requests that each and
every corporate Defendant provide dates that Defendant’s corporate representative is available for
Plaintiff to take Defendant’s deposition.
STATEMENT REGARDING MONETARY RELIEF SOUGHT
35 Under the Texas Rules of Civil Procedure 47 (c), Plaintiff seeks monetary relief
over $250,000 but less than $1,000,000 including damages of any kind, penalties, costs, expenses,
pre-judgement interest, and judgement for all other relief to which Plaintiff is justly entitled
Plaintiff expressly reserves the right to amend this damage calculation as discovery progresses.
DECLARATORY RELIEF
36. Pursuant to Chapter 37 of the Texas Civil Practices and Remedies Code, Plaintiff
requests a Declaration that the damages caused by the other driver, JULIO CESAR GALVAN, are
not covered as Mr. Galvan failed to maintain insurance coverage on their vehicle, triggering
Plaintiff's right to seek recovery from AUTO CLUB COUNTY MUTUAL INSURANCE
COMPANY under the Underinsured Motorist provisions of his policy. Furthermore, Plaintiff
requests a Declaration that Plaintiffs incurred expenses, triggering Plaintiffs right to seek
recovery from AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY under the
Underinsured Motorist provision of their policy
37. At the time of the accident at issue, JULIO CESAR GALVAN was operating an
Uninsured/Underinsured Motorist motor vehicle, as the term is defined in the applicable insurance
policies. Plaintiff has sustained extensive damages as result of this accident
38. At the time of the accident at issue, Plaintiff had Underinsured Motorist coverage,
as the term is defined in the applicable insurance policies. Plaintiff has incurred extensive
expenses, including but not limited to necessary medical treatment as result of this accident.
Therefore, Plaintiff is entitled to their Underinsured Motorist benefits.
39. Pursuant to Texas Civil Practices and Remedies Code Section 37.009, Plaintiff is
entitled to the recovery of their attorney’s fees, court costs, and all other relief permitted under the
statue and law in connection with his request for a declaratory judgment as to Defendant AUTO
CLUB COUNTY MUTUAL INSURANCE COMPANY.
40. Plaintiff timely and properly notified his insurance carrier, AUTO CLUB
COUNTY MUTUAL INSURANCE COMPANY, of the accident and damages suffered by
10
Plaintiff. Plaintiff has fully complied with all the conditions of his insurance policy prior to brining
this suit.
41. Plaintiff is 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
42 All conditions precedent have been performed or have occurred.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, BODIUL ALAM, respectfully
prays that the Defendant be cited to appear and answer herein, and that upon a final hearing of the
cause, judgment be entered for the Plaintiff against Defendant for damages in an amount within
the jurisdictional limits of the Court; together with pre-judgment 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 Plaintiff may be entitled at law or in equity
Respectfully submitted,
abe
THE HADI LAW FIRM, PLLC
Husein Hadi
Texas Bar No. 24067641
Jamil Thomas
Texas Bar No. 24066914
Sedrick Stagg
Texas Bar No. 24102815
Ahson B. Wali
Texas Bar No. 24106815
Seve Thomas
Texas Bar No. 24115145
11
Ariana Mehdipour
Texas Bar No. 24123765
Anita Mehdipour
Texas Bar No. 24126491
7100 Regency Square Boulevard, Suite 140
Houston, Texas 77036
Tel: (832) 433-7977
Fax: (855) 423-4529
litigation@thehadilawfirm.com
Attorneys for Plaintiff
PLAINTIFF HEREBY DEMANDS TRIAL BY JURY
DATE FILED: April 15, 2024
12
Preview
4/15/2024 10:24 AM Marilyn Burgess - District Clerk Harris County Envelope No. 86647796 2024-23963 / Court: 165 By: Bernitta Barrett Filed: 4/15/2024 10:24 AM NO. —— BODIUL ALAM IN THE DISTRICT COURT Plaintiff, Vv JUDICIAL DISTRICT AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY Defendant. OF HARRIS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, BODIUL ALAM, hereinafter called Plaintiff, complaining of and about AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY, hereinafter called Defendant, and for cause of action show unto the Court the following DISCOVERY CONTROL PLAN LEVEL 1 Plaintiff affirmatively plead that they seek monetary relief of $250,000 or less and non-monetary relief and intends that discovery be conducted under Discovery Level 2. PARTIES AND SERVICE 2 Plaintiff, BODIUL ALAM, is an individual who resides in Harris County. 3 Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY, a Corporation based in Texas, is organized under the laws of the State of Texas, and service of process on the Defendant may be effected pursuant to article 2.11(A) of the Texas Business Corporation Act, or its successor statute, sections 5.201 and 5.255 of the Texas Business Organizations Code, by serving the registered agent of the Corporation Service Company, at 211 E. 7th Street, Suite 620, Austin, Texas 78701, its registered office. Service of said Defendant as described above can be affected by certified mail, return receipt requested. JURISDICTION AND VENUE 4 The subject matter in controversy is within the jurisdictional limits of this court. 5 This court has jurisdiction over the parties because Defendant is a Texas resident. 6 Venue in Harris County is proper in this cause under Section 15.002(a)(1) of 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 PRESERVATION OF EVIDENCE 7 Plaintiff hereby requests and demands 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, voice mail, text messages, any evidenced involving the incident in question, and any electronic image or information related to the referenced incident or damages. 8 Failure to maintain such items will constitute “spoliation” of the evidence. FACTS 9 On October 20, 2022, Bodiul Alam was traveling southbound on the 7200 block of Gulf Freeway, when an underinsured motorist failed to slow down for heavy traffic and rear-ended another vehicle. The impact of the collision caused the other vehicle to rear-end Plaintiffs vehicle 2 As a result of the collision, Plaintiff sustained serious personal injuries for which he had to seek the care of medical professionals. Due to Plaintiff's extensive injuries, JULIO CESAR GALVAN is underinsured, which required a claim against AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY for compensation. CAUSES OF ACTION AGAINST AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY 10. At the time of the collision at issue, an underinsured motorist, JULIO CESAR GALVAN, was operating an underinsured motor vehicle, as the term is defined in the applicable insurance policies. JULIO CESAR GALVAN was the driver of a vehicle insured by AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY and the policy coverage is insufficient to cover Plaintiff's damages. 11 Plaintiff timely and properly notified his insurance carrier, AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY, of the accident. Plaintiff has fully complied with all the conditions of his insurance policy prior to bringing this suit. Nevertheless, AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY have refused to pay Plaintiff any underinsured benefits under the policies as it is contractually required to do. 12. In addition, Plaintiff is 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. 13 All conditions precedent have been performed or have occurred. BREACH OF CONTRACT 14. At the time of the accident at issue, JULIO CESAR GALVAN was operating an underinsured motor vehicle, as the term is defined in the applicable insurance policies. JULIO 3 CESAR GALVAN is an underinsured motorist and there are no applicable policies to cover Plaintiff's damages. 15. Plaintiff timely and properly notified his insurance carrier, Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY of the accident. Plaintiff has fully complied with all the conditions of his insurance policy prior to bringing this suit. DECEPTIVE TRADE PRACTICES ACT & TEXAS INSURANCE CODE 16. Plaintiff would show that Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY 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 Commerce Code, Chapter 17.41, et seq.), as alleged herein below. 17. Specifically, Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY violated the following sections under Texas Deceptive Trade Practices-Consumer Protection Act, which constitutes the following acts unlawful: (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, affiliation, or connection which he does 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 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). 18. Unconscionable Action or Course of Action. Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY engaged in an “unconscionable action or course of action’ to the detriment of Plaintiff as defined by Section 17.45(5) of the Texas Business and Commerce Code, by taking advantage of the knowledge, ability, experience, or capacity of Plaintiff to a grossly unfair degree. 19. Unfair Claim Settlement Practices. Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY further violated Texas Insurance Code, Section 541.151(1), 541.060(a)(1), (2)(A), (3), and (7) and Section 541.151(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 of policy provision relating to coverage, and failing to provide promptly to Plaintiff a reasonable explanation of the factual and legal basis in the policy for their denial of medical benefits, which precluded Plaintiff from receiving timely benefits. Specifically, Plaintiff asserts that Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY failed to promptly pay uninsured/underinsured 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 producing cause of Plaintiff's actual damages as provided herein. 20. Plaintiff further would show that he has made written demand for resolution of the claims set forth herein, and that said written demand satisfies the requirements of the Insurance Code and DTPA. 21 Plaintiff further would show that the above-described actions of Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY was committed knowingly and/or intentionally, thus entitling Plaintiff to additional damages as provided in the Texas Insurance Code 22. Plaintiff would further show that the above-described actions of Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY was committed knowingly and/or intentionally, thus entitling Plaintiff to additional damages as provided in the DTPA. NEGLIGENT MISREPRESENTATION 23. Plaintiff would show that Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY supplied false information in the course of said Defendant’s business, profession, or employment or in the course of a transaction in that Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY has a pecuniary interest, and that such information was supplied by Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY for the guidance of Plaintiff in the transactions described hereinabove. Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY failed to exercise reasonable care or competence in obtaining or communicating such information. Plaintiff avers that Plaintiff suffered pecuniary loss, described more fully herein below, which was proximately caused by Plaintiff's justifiable reliance on such information. 24. Plaintiff therefore asserts a cause of action for negligent misrepresentation against Defendant, as provided by Federal Land Bank Association of Tyler v. Sloane, 825 8.W.2d 439 (Tex. 1991). FRADULENT INDUCEMENT 25 There exists between Plaintiff and Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY a valid, enforceable contract, the insurance policy described herein. 26. Defendant made numerous false and material misrepresentations to Plaintiff, which Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY knew to be false, in order to induce Plaintiff into entering into a contract 27. Plaintiff relied on these misrepresentations and entered into an agreement with Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY has refused and continues to refuse to honor the promises made to Plaintiff. DAMAGES FOR PLAINTIFF, BODIUL ALAM 28. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff, BODIUL ALAM was caused to suffer personal injuries, and to incur the following damages: The physical pain and mental anguish sustained from the date of collision to the time of verdict herein; The physical pain and mental anguish which, in reasonable medical probability, will be suffered after the date of verdict herein; The loss of earnings, or loss of earning capacity, sustained from the date of incident to the time of verdict herein; The loss of earnings, or loss of earning capacity, which will be sustained after the 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; 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; 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 The physical disfigurement 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 ATTORNEY'S FEES 29. Request is made for all costs and reasonable and necessary attorney's fees incurred by or on behalf of Plaintiff herein, including all fees necessary in the event of an appeal of this cause to the Court of Appeals and the Supreme Court of Texas, as the Court deems equitable and just, as provided by: (a) Chapter 38 of the Texas Civil Practice and Remedies Code; and, (b) common law. NOTICE OF USE 30. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Defendant is hereby notified that Plaintiff intends 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 Plaintiff produces within ten days of its production. PRE-EXISTING CONDITION 31. In the alternative, Plaintiff would show that if any injuries and/or conditions from 8 which he currently suffers were pre-existing, then such conditions were aggravated, exacerbated, and/or made worse by the negligence of Defendant herein. SUBSEQUENT CONDITION 32. In the alternative, Plaintiff would show that if he suffers from any subsequent injury and/or condition, then such injury and or condition was aggravated and/or exacerbated by the negligence of Defendant herein. DESIGNATED E-SERVICE EMAIL ADDRESS 33 The following is the undersigned attorney’s designated e-Service email address for all e- served documents and notices, filed and unfiled, pursuant to Tex. R. Civ. P. 21(f)(2) & 21a: Litigation@TheHadiLawFirm.com. This is the undersigned’s only e-Service email address, and ervice through any other email address will be considered invalid REQUEST FOR DEPOSITION DATES 34 Pursuant to Rule 199 of the Texas Rules of Civil Procedure, Plaintiff requests that each and every Defendant disclose, within fifty (50) days of service of this request, dates that Defendant is available for Plaintiff to take Defendant’s deposition. Plaintiff requests that each and every corporate Defendant provide dates that Defendant’s corporate representative is available for Plaintiff to take Defendant’s deposition. STATEMENT REGARDING MONETARY RELIEF SOUGHT 35 Under the Texas Rules of Civil Procedure 47 (c), Plaintiff seeks monetary relief over $250,000 but less than $1,000,000 including damages of any kind, penalties, costs, expenses, pre-judgement interest, and judgement for all other relief to which Plaintiff is justly entitled Plaintiff expressly reserves the right to amend this damage calculation as discovery progresses. DECLARATORY RELIEF 36. Pursuant to Chapter 37 of the Texas Civil Practices and Remedies Code, Plaintiff requests a Declaration that the damages caused by the other driver, JULIO CESAR GALVAN, are not covered as Mr. Galvan failed to maintain insurance coverage on their vehicle, triggering Plaintiff's right to seek recovery from AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY under the Underinsured Motorist provisions of his policy. Furthermore, Plaintiff requests a Declaration that Plaintiffs incurred expenses, triggering Plaintiffs right to seek recovery from AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY under the Underinsured Motorist provision of their policy 37. At the time of the accident at issue, JULIO CESAR GALVAN was operating an Uninsured/Underinsured Motorist motor vehicle, as the term is defined in the applicable insurance policies. Plaintiff has sustained extensive damages as result of this accident 38. At the time of the accident at issue, Plaintiff had Underinsured Motorist coverage, as the term is defined in the applicable insurance policies. Plaintiff has incurred extensive expenses, including but not limited to necessary medical treatment as result of this accident. Therefore, Plaintiff is entitled to their Underinsured Motorist benefits. 39. Pursuant to Texas Civil Practices and Remedies Code Section 37.009, Plaintiff is entitled to the recovery of their attorney’s fees, court costs, and all other relief permitted under the statue and law in connection with his request for a declaratory judgment as to Defendant AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY. 40. Plaintiff timely and properly notified his insurance carrier, AUTO CLUB COUNTY MUTUAL INSURANCE COMPANY, of the accident and damages suffered by 10 Plaintiff. Plaintiff has fully complied with all the conditions of his insurance policy prior to brining this suit. 41. Plaintiff is 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 42 All conditions precedent have been performed or have occurred. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, BODIUL ALAM, respectfully prays that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendant for damages in an amount within the jurisdictional limits of the Court; together with pre-judgment 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 Plaintiff may be entitled at law or in equity Respectfully submitted, abe THE HADI LAW FIRM, PLLC Husein Hadi Texas Bar No. 24067641 Jamil Thomas Texas Bar No. 24066914 Sedrick Stagg Texas Bar No. 24102815 Ahson B. Wali Texas Bar No. 24106815 Seve Thomas Texas Bar No. 24115145 11 Ariana Mehdipour Texas Bar No. 24123765 Anita Mehdipour Texas Bar No. 24126491 7100 Regency Square Boulevard, Suite 140 Houston, Texas 77036 Tel: (832) 433-7977 Fax: (855) 423-4529 litigation@thehadilawfirm.com Attorneys for Plaintiff PLAINTIFF HEREBY DEMANDS TRIAL BY JURY DATE FILED: April 15, 2024 12