Estate claims insurers refuse to pay benefits

Bill Schwaiger, as executer of the estate of Ernest Schwaiger, filed a lawsuit on April 1 in the Harris County District Court against Kemper Independence Insurance Co. and Unitrin Preferred Insurance Co. alleging, among other things, violations of the Texas Deceptive Trade Practices Act.

The estate says that Ernest Schwaiger, who was insured by the defendants, eventually died as a result of serious injuries he suffered in a car accident on Terwilliger Way in Memorial. According to the brief, the defendants refuse to pay Schwaiger's benefits, even though they are contractually required to do so.

Schwaiger is seeking actual, compensatory and punitive damages, as well as attorney's fees and court costs.

Harris County District Court Case No. 2011-20233.