Santa Fe residents sue Allstate for failing to properly cover water damage to home

GALVESTON - Claiming Allstate Fire and Casualty Co. provided poor coverage for their Santa Fe property, Monica and Jeremy McCollum have filed a lawsuit.

In recent court papers filed Feb. 25 in Galveston County District Court, the McCollums state that the insurer did not properly compensate them after "a sudden and accidental" discharge of water struck their property on April 19, 2012.

"Severe" damage prompted the plaintiffs to submit a property damage claim as well as a request to foot the cost of repairs to the defendant.

Allstate subsequently assigned the McCollums' claim to agent Jeff Walker for adjustment, but the complainants say he conducted a "substandard" inspection and failed to include many of their damages in his report.

According to the suit, Walker's estimate did not allow adequate funds to cover repairs necessary to restore the McCollum home.

"Walker's misrepresentations caused Allstate to underpay the plaintiffs on their insurance claim and, as such, the plaintiffs have not been able to properly and completely repair the damages to the plaintiffs' property," the original petition says.

It asserts that Walker, who is a co-defendant in the litigation, supposedly gave the McCollums "negligent and false" advice as to how to repair the aforementioned property to prevent further damage.

The suit adds that the respondents underestimated the structural and content damages to be close to $50,000 when the complainants calculated them to be more than $420,000.

"These false representations allowed the defendants to financially gain by wrongfully denying at least a portion of the plaintiff's claim," it says.

"The plaintiffs' claim(s) still remain unpaid and the plaintiffs still have not been able to properly repair the property."

A jury trial is requested.

Attorney Jason B. Speights with Speights & Worrich in San Antonio is representing the McCollums, and Galveston County 405th District Court Judge Michelle Slaughter is presiding over the case.

Case No. 13-CV-287