Hamilton sues Allstate for not paying claim

David Yates Apr. 11, 2007, 4:00pm

Woman sues Allstate for denying hurricane claim

By David Yates

Mary Hamilton is the newest Orange County resident to sue Allstate Texas Lloyd's for not paying a claim following Hurricane Rita.

"Allstate's entire process is unfairly designed to reach favorable outcomes for the company at the expense of its policy holders," said Hamilton's petition, which was filed on April 4 with the Orange County District Court.

She, along with countless others, submitted a claim for wind and water damage to Allstate after the hurricane finished ravishing the Golden Triangle.

"Defendant wrongfully denied plaintiff's claim for repairs of the property, even though the policy provides coverage for losses such as those suffered by plaintiff," the petition stated.

Allstate did pay part of the claim but refused to pay the full amount.

Hamilton is claiming the insurance company failed to accept or deny the claim within the statuary mandated 15 business days, breached its contract, and violated the common law duty of good faith and fair dealing, the petition states.

She is suing for the amount of the claim, mental anguish and court costs.

"For noncompliance with the Texas Insurance Code, Unfair Settlement Practices, plaintiff is entitled to actual damages, which includes the loss of the benefits that should have been paid pursuant to policy," the petition states.

She is represented by attorney Ryan Scott of the Beaumont law firm Brent Coon & Associates.

Case No. D-070183-C

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