Following Hurricane Rita, homeowners Michael and Audrey Louviere filed a claim with their insurer Allstate. Now the company has filed another claim, this one for damages in civil court after they say Allstate did not fulfill its contract.
The Louvieres filed a civil suit in Orange County District Court on July 24.
The couple says the 2005 hurricane damaged their home on Sudduth in Bridge City and submitted a claim to Allstate for roof, water, wind, foundation and structural damage.
"Plaintiffs asked for repairs to property pursuant to the policy and for additional living expenses," the plaintiffs' original petition states.
After receiving the claim, Allstate sent a total of six different adjusters to evaluate the Louviere's residence. The homeowners say the insurance company later refused to pay the full proceeds they were due under the policy.
"Allstate wrongfully denied plaintiffs' claim for repairs to property, even though the policy provided coverage for losses such as those suffered by plaintiffs," the suit alleges.
The plaintiffs are alleging fraud on the part of the adjusters, who are also named as defendants in the lawsuit. They are charging Allstate with breach of contract, unfair settlement practices in violation of the Texas Insurance Code and breach of good faith and fair dealing. They allege that Allstate's actions were committed knowingly.
The Louvieres are seeking damages for the amount of the claim, attorney fees, mental anguish, interest and treble damages. They also seek compensatory damages for economic hardship, emotional distress and exemplary damages.
They are requesting a trial by jury.
Attorney Steve Mostyn is representing the plaintiffs.
The case has been assigned to the 128th Orange County District Court, Judge Patrick Clark presiding.
Case No. A070355-c