Like many other residents in Southeast Texas, O.D. Simpson Sr. of Orange sustained damage to his home from Hurricane Rita in 2005. And like many others, he is filing a lawsuit against his insurer Allstate for wrongfully denying his claim.
Simpson filed suit July 26 in Orange County District Court.
According to the plaintiff's original petition, the hurricane damaged Simpson's home on Blyley Boulevard in Orange and he 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 four 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 plaintiff is alleging fraud on the part of the adjusters, who are also named as defendants in the lawsuit. He is charging Allstate with breach of contract, unfair settlement practices in violation of the Texas Insurance Code and breach of good faith and fair dealing. Simpson alleges that Allstate's actions were committed knowingly.
Simpson is seeking damages for the amount of the claim, attorney fees, mental anguish, interest and treble damages.
Attorney Steven Mostyn of Houston is representing the plaintiffs.
The case has been assigned to Judge Dennis Powell, 163rd Orange County District Court.
Case No. B070356