Here is a 2023 opinion that finds the suing of the insurance adjuster was improper. The opinion is styled, Hang Nguyen, et al v. AmGuard Insurance Company, et al. The opinion is from the Eastern District of Texas, Sherman Division.
Plaintiffs own a homeowners insurance policy with AmGuard. After a hail and windstorm that caused damage to their property, the Plaintiffs submitted a claim under the policy for repairs. The adjuster assigned to the case is Shawn Mitchell. Coverage was eventually denied.
The Plaintiffs eventually sued AmGuard for breach of contract and both faith causes of action and various violations of the Texas Insurance Code. They sued Mitchell for civil conspiracy and various violations of the Insurance Code. After the action was filed, AmGuard filed an Election of Legal Responsibility, accepting any liability on behalf of Mitchell.