Families of fallen firefighters seek formal guarantee city won't claw back insurance payments

HOUSTON (FOX 26) - A badly wounded firefighter and the families of firefighters lost in the 2013 Southwest Inn blaze say they've been living under a cloud of uncertainty and are seeking a formal guarantee the City of Houston won't come after their assets.

At City Council Tuesday it was confirmed, that at some point, the city had in fact placed millions of dollars in liens against the families of the fallen as well former firefighter Robert Yarborough.

Council member Greg Travis, an attorney, explained such liens are sometimes necessary to prevent injured workers or the heirs of those killed on the job from "double dipping" - that is, collecting insurance proceeds or settlements from both the city and a second responsible party as well.

Mayor Pro-tem Ellen Cohen repeated Mayor Sylvester Turner's pledge not pursue the liens.

Firefighter Union President Marty Lancton insisted City Council and the mayor formalize the commitment in writing.

For his part, former firefighter Yarborough says he's seeking assurance his former employer is not coming after everything he owns.

"We've been told for two years there are liens and all we want now is for someone to put it in writing, that it's over so that we can move forward because that is so important," said Yarborough.

The Mayor's spokesperson issued the following statement on his behalf derived from comments made to FOX 26 last week:

The City never tried to collect on those liens....all the attorneys who represent the families should not benefit as a result of the liens the City is not pursuing. The families have suffered enough and any funds the families get they should be able to keep without their attorneys receiving increased fees as a result of the forgiven liens the City will not pursue.