Elderly woman claims Allstate owes her $100,000 in hurricane damages

David Yates May 23, 2007, 11:00am

Mabel Rost is the latest Orange County resident to sue Allstate Texas Lloyd's for refusing to pay property damage claims in full following Hurricane Rita.

Rost alleges Allstate owes her $101,000 in damages. She filed her breach of contract lawsuit against the insurer and its agent Jay Ayers with the Orange County District Court on May 18. Judge Patrick Clark, 128th Judicial District, has been assigned to the case.

According to Rost's petition, the defendants wrongfully denied coverage for damages sustained to her home as a result of Rita. "These damages were covered under plaintiff's homeowners policy."

The suit does not go into more detail about her claim or the extent of the damage.

However, the suit does fault Allstate with fraud, negligence, misrepresentation, breach of contract and breach of fiduciary duty.

Rost is suing for expectancy, reliance, restitution damages, along with loss in value, loss of use, consequential losses and out of pocket losses.

She is also suing for "punishment damages for defendants' ant-social conduct and intentional infliction of stress and misery on the aging plaintiff by wrongfully withholding benefits due to her under the insurance policy," the suit said.

Rost is represented by attorney Paul Henderson.

Case No. A070-259.c

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