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THE BRASHER
BULLETIN
April 2024
Beaumont Office (Main Office) 1122 Orleans St. Beaumont, TX 77701 (409) 832-3737 New Orleans Office 1555 Poydras Street, Suite 1600 New Orleans, LA 70112 (504) 527-8291 Lake Charles Office 2201 Oak Park Blvd, Lake Charles, LA 70601 (337) 284-9998 Houston Office 1415 North Loop West, Suite 1000 Houston, TX 77008 (713) 714-5014
MY JOURNEY TO EMPOWERING OTHERS Cultivating a Culture of Curiosity and Respect in Our Firm
Stepping into the world of law wasn’t exactly where I thought my path would lead, especially after preparing to become a coach or a math teacher and beginning my journey toward an education degree. But life, with its unimaginable twists and turns, led me here to a place where growth, education, and sharing are not just ideals we celebrate in April for Education and Sharing Day, but principles we live by every day at our law firm. My transition into the legal field was serendipitous, thanks in no small part to Clint, the firm’s leading expert and my mentor. I had just welcomed my fifth child into the world, who’s now part of a bustling household with ages ranging from 18 down to 6. With my husband pursuing nursing, I found myself leaning into the workforce, which led me from a new patient coordinator role into the realm of office management, thanks to a knack for fast learning and an environment that nurtured growth. The leap from health care to law might seem vast, but the common thread was, and always has been, a dedication to serving others and a commitment to excellence. Clint has been instrumental in shaping this ethos within our firm. His approach to leadership — fostering natural curiosity, valuing problem-solving, and ensuring that education permeates every level of our operation — has created an environment where we’re all encouraged to own our roles fully. Our philosophy is simple: “We prepare every case as if it’s going to trial.” This mindset isn’t just about being
But it’s not just about the work we do within the firm’s walls. My personal journey — growing up as the fourth child out of 10 with a bricklayer father and a mother who became a teacher — instilled in me the value of hard work and the power of education. These
lessons are ones I strive to pass on to my children and the exchange students we host, encouraging them to question, explore, and never shy away from thinking critically. My journey, intertwined with Clint’s mentorship and the culture of our firm, stands as a testament to the idea that education and sharing extend far beyond traditional settings. Whether it’s through hosting exchange students, engaging with my kids’ interests, or leveraging every learning opportunity to better serve our clients, the essence of Education and Sharing Day is a constant in my life. As we navigate the complexities of legal challenges, from construction cases to personal stories of resilience, every document saved and every piece of evidence reviewed speaks to the meticulous care we invest. It’s about building relationships, crafting strategies, and ensuring that when someone entrusts us with their case, they’re not just getting a lawyer; they’re gaining an advocate, a listener, and a problem solver. Ultimately, it all circles back to growth, education, and sharing. It’s about creating a legacy of learning and empowerment, not just within the confines of our office but in every aspect of our lives. It’s a journey I’m honored to be on, one that I never quite expected but am profoundly grateful for every day.
Dallas Office 6160 Warren Pkw Suite 100 Frisco, TX 75034 (972) 928-0517
thorough; it’s about respect — for the process, for each other, and, most importantly, for our clients. Each case is a story, a life touched, a person or family trusting us to advocate for them. It’s a responsibility I don’t take lightly. My role has evolved to embody this, from managing the office to leading client intake, setting up files and contracts, and even dabbling in marketing.
–Christina Correia
(409) 832-3737 || 1
Texas Supreme Court Hurts Policyholders (Again)
In a much-anticipated decision, the Texas Supreme Court declined to help policyholders who have covered claims. The decision, Safeco v. Rodriguez, was pretty straightforward — statutes in Texas allow for the recovery of attorney’s fees in policyholder disputes. This is a good rule because it incentivizes attorneys to work on these cases, even if the matter is small. It has been a long-standing rule in Texas and many other jurisdictions that when insurance companies fail to pay covered benefits in a timely manner, policyholders can at least have their attorney’s fees covered if they successfully challenge the insurance company’s position. To be sure, attorney’s fees are recoverable in disputes about insurance coverage and scope of damage under various provisions: the Civil Practice and Remedies Code (Sections 37 and 38), Texas Insurance Code Chapter 541, Texas Insurance Code Chapter 542, as well as the Deceptive Trade Practice Act. The high court wiped all of those out while overplaying the effect of an appraisal award — a decision that runs in line with prior poor Texas Supreme Court decisions on appraisal dating back to 2008. We filed a brief in the case — called an amicus brief, which was featured in our January 2024 newsletter, based on a current Texas case we have. In our case, our client had invoked the appraisal clause before hiring an attorney. In fact, they did so to avoid hiring an attorney. The appraisal provision works to determine the amount of damage in a loss. The appraisal clause is limited to that analysis, leaving other issues for courts to decide, like if there were damages outside the Discover How Safeco v. Rodriguez Impacts Homeowners
contract, if the insurance company failed to pay on time, attorney’s fees, if the insurance company acted in bad faith, etc. The policyholder bears the cost of an appraisal, and the average cost is about $5,000 per appraisal (because you have to hire an appraiser and usually an umpire). Most insureds do not have that kind of money lying around to participate. However, in the case we presented to the Texas Supreme Court, our client did. They participated in an appraisal with their insurance company and received an award for a new roof (amongst other damages), but then their insurance company, Liberty Mutual, still refused to pay the appraisal award. So, our client was forced to hire us. We then provided a notice and demand, but it was rejected. We had to file a suit, but it was met with another rejection. Then, over 500 days from the award date, Liberty Mutual decided to pay the award but failed to pay any attorney’s fees. Now, Liberty Mutual has filed a motion with the court asking it to dismiss our case simply because they paid the appraisal award at some point, even though it was more than two years later. We’re still waiting for a decision on our case, but the Texas Supreme Court’s ruling in Safeco makes it possible for insurance companies to play these sorts of games. So, that leaves us with the big question: What can and should you do about this? Our simple answer is talk to your representatives about amending Texas Insurance Code Section 542A.007 to remove the phrase “is the lessor of.” You may wonder why a simple phrase like this matters or how these four words can alter the state of what you can recover. But that’s what the Texas Supreme Court focused on. These four words gave the Texas Supreme Court a way to completely eradicate attorney’s fees in cases where Texas homeowners file a claim with their insurance company, at some point go to appraisal, and at some unknown point get the payout. If an insurance company does that and pays some interest, then Rodriguez’s decision gives them an out for any other damages. We’re still taking these cases because we’re committed to helping homeowners and business owners across this great state. But we need you to help get in the fight, too. Call your state representative and senator and demand that they change the statute back to its intended meaning. In the meantime, if you ever need us for a fire loss, wind loss, hail loss, vandalism claim, pipe burst, etc., please don’t hesitate to contact us. We’ve been helping homeowners and business owners since 2006 and won’t stop now.
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MEET OUR NEW ATTORNEY, BOBBY HJORTSBERG Where Legal Prowess and Community Spirit Meet
When it comes to law, every case is a story waiting to be rightly told. Bobby Hjortsberg stands out not just for his legal insight but for the compassion and dedication he brings to each client’s narrative. Joining the ranks of Brasher Law Firm, Bobby has been practicing law since 2008, with a career that has evolved from focusing on criminal work to specializing in hurricane/weather-related cases and bad faith insurance. Bobby first met Clint through a mutual friend who was in need of his hurricane expertise. It was this chance encounter that steered Bobby towards lending his expertise to those grappling with the aftermath of hurricanes, a path that has proven to be not only professionally
rewarding but deeply personal. He’s committed to helping everyday people navigate the complex process of recovering what they’ve lost to the forces of nature. At Brasher Law Firm, Bobby finds himself amidst our team, which shares his zeal for making a difference. This synergy among the firm amplifies our effectiveness and creates an environment where triumphs are shared and challenges are collectively overcome. It’s this unity and dedication to our craft that underscore the communal commitment to justice and client satisfaction.
Fellow attorney Nishi with her husband at Mardi Gras
Outside the courtroom, Bobby’s life is as vibrant and engaging as his professional pursuits. As the captain of the Krewe of Freret during Mardi Gras, he orchestrates one of the most anticipated parades, complete with a thousand float riders and headline acts like Nelly and Flo Rida! This role showcases his leadership and ability to bring joy to the community, mirroring his efforts to bring relief to his clients. Bobby’s personal life is filled with moments that ground and enrich him. Whether it’s perfecting his swing on the golf course, reveling in the ceaseless festivities of New Orleans, or cherishing time with his family, including his wife and their 1-year-old daughter, these experiences shape him into a well-rounded person and a compassionate attorney. Bobby’s journey is a testament to the power of taking chances, the importance of community, and the unwavering spirit of service. Welcome, Bobby, to a firm that, like you, believes in fighting the good fight!
Nishi & Bobby
BREAK TAKE A
Solution
Bobby on the float
(409) 832-3737 || 3
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1122 Orleans St. Beaumont, TX, 77701 (409) 832-3737 brasherattorney.com
ISSUE IN THIS
1.
Our Office Manager’s Unexpected Journey in Law
2.
Texas Supreme Court Hurts Policyholders (Again)
3.
Meet Our New Attorney, Bobby Hjortsberg
4.
April Escapes
ESCAPE APRIL SHOWERS THIS SPRING 3 VACATIONS SPOTS TO AVOID SEASONAL GLOOM
April showers bring May flowers, but you don’t have to stick around to wait for them to bloom. Escape to these three destinations and enjoy the new life of spring without the rain. AMSTERDAM, HOLLAND, NETHERLANDS Why wait for May to see spring flowers? All April long, Holland sports the most beautiful colors in the world, and people from all over the globe go enjoy the Keukenhof Garden Festival. This festival has occurred for 75 years, and as it’s only 30 minutes away from Amsterdam proper, you can experience the best of both worlds. Explore the thousands of tulips during the day and then spend time in the city, exploring the beautiful canals and shopping districts in the evening. Don’t worry if you miss the beautiful flowers; most of the city’s museums and hotels have tulips, too. SEVILLE, SPAIN Embark on an enchanting journey to Seville, where vibrant culture and passion come alive.
Picture yourself strolling through cobblestone streets where you can immerse yourself in the parades that travel through the city during Holy Week. Brass bands build up to a beautiful celebration on Easter, and just two weeks later, the Feria de Abril begins. This fiesta is full of lively parties, even more music, and colorful costumes. Sevillanos on horseback and the clacking footwork of flamenco dancers are captivating to watch, so don’t miss out by getting rained in. MALTA Located to the south of mainland Europe in the Mediterranean Sea, Malta is part of an archipelago consisting of several islands, including Gozo and Comino. Because of its diverse cultures, you’ll hear Arab accents in the language as you pass Baroque architecture. Nature lovers, hikers, and landscape photographers alike can explore the rocky coastlines, impressive rock formations, and dazzling sea caves, such as the Blue Grotto
(Malta), plus beautiful beaches like Ramia Bay (Gozo) and Ghajn Tuffieha Bay (Malta). However, the biggest advantage of traveling in Malta is that everything is in full bloom: green fields, blooming citrus trees, and beautiful flowers. If you go in spring, you’ll beat the tourists, too, as summer is peak season.
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