A Texas insurance company is suing Houston lawyer Eric Dick andhis firm, and public adjuster Solomon Eric Bowens and his firm,alleging they conspired in a “fraudulent scheme” to submit stormdamage insurance claims with the intent of financially benefitingthemselves instead of the homeowners.

Southern Vanguard Insurance Co. of Houston alleges that inJune, Dick Law Firm deposited a $39,559.78insurance company check payable to Ruben Lopez, Ester Lopez and abank for a storm-related insurance claim. But Lopez didn’t hire thefirm or get the money.

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Hail damage to roof

In fact, Southern Vanguard alleges in the petition that Lopez didnot find out about the insurance claim or the payment until August,when he filed a new claim with the insurance company for haildamage to his roof from the 2015 storm.

“All insurance claim proceeds collected under this fraudulentscheme were kept by Bowens and Dick, with none of the proceedsgoing to the homeowner,” Southern Vanguard alleges inthe petition, filed on Oct. 10 instate district court in Houston.

Dick did not immediately respond to a request for comment leftat Dick Law Firm, but his attorney, Rogelio Garcia of Houston, saidthe allegations are “absurd” and Dick categorically deniesthem.

He said Dick and his firm have ethically represented Lopez, andhe alleges “the money has been mailed to him.”

Counterclaims

Garcia said Dick will bring counterclaims against SouthernVanguard. He said the insurance company may have sued Dick becausehis client has represented a number of Hispanic policy-owners whohave “made Southern Vanguard pay pretty substantial money.”

Dick advertises his practice online, with video ads in which he says, “I’ll hound‘em and pound ‘em to get what you deserve. Need a lawyer? Hire aDick!”

Adjuster claims innocence

Public adjuster Bowens said he has no idea why he was named in thesuit.

“I’m totally innocent and I have nothing to do with thismatter,” Bowens said, adding that he simply did his job as a publicadjuster.

Southern Vanguard alleges in the petition that Bowens approachedLopez about assisting him with an insurance claim shortly after aMay 2015 storm in the Houston area. The plaintiff alleges Bowenslooked at the Lopez house and had Lopez sign documents withoutgiving him a copy.

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Lopez never heard from Bowens again, according to the petition,but Bowens filed a claim for storm damage. Ultimately, SouthernVanguard determined that the damage to the Lopez house was lessthan the deductible.

“Southern Vanguard never heard from Bowens again. SouthernVanguard was never notified of any disagreement with its claimmeasure for the Lopez home,” the plaintiff alleges in thepetition.

However, Southern Vanguard alleges that on Sept. 28, 2015, Dickand his firm filed a lawsuit purportedly on Lopez’s behalf allegingbreach of duty of good faith and fair dealing, breach of contract,fraud, and conspiracy in connection with his claim. After goingthrough an appraisal process, Southern Vanguard issued the$39,559.78 check for Lopez’s claim.

Southern Vanguard alleges the Dick Law Firm remotely depositedthe check on June 26, but on Aug. 2, Lopez made a new claim toSouthern Vanguard for hail damage to his roof.

Homeowner unaware of lawsuit

“When Southern Vanguard began investigating this new claim,Southern Vanguard learned that Lopez had no awareness whatsoever ofthe previously filed lawsuit, the invoked appraisal process, or the$39,559.78 payment,” the insurance company alleges, adding thatLopez had not retained Dick Law Firm, and he had not been asked tonegotiate the insurance check.

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Southern Vanguard brings multiple causes of action against thedefendants, including fraud, conspiracy to commit fraud, theft, andliability pursuant to the Texas Theft Liability Act. It seeks up to$200,000 in damages, including actual and punitive damages.

Plaintiffs attorney Steven Badger, a partner at Zelle inDallas, said he represents insurance companies and has been veryvocal in addressing fraud and other illegal conduct by lawyers inconnection with insurance claims.

“Homeowners do not realize they are signing with an attorney.They’ve been approached by someone who says, ‘Hey, we can get you afree roof and free money. That’s the last they hear,’” Badgersaid.

As to the allegations in Southern Vanguard’s suit, Badger said,“The facts stated in the petition speak for themselves.”

Senior reporter Brenda Sapino Jeffreys covers the businessof law in Texas. Contact her at [email protected]. On Twitter:@BrendaSJeffreys.