PHILADELPHIA – A Philadelphia resident believes Allstate Insurance breached its policy with her and acted in bad faith, when it allegedly did not reimburse the plaintiff for property damages and losses suffered on her property last year.
Anita Hayes filed suit in the Philadelphia County Court of Common Pleas on July 5 against Allstate Property and Casualty Insurance Company, of Northbrook, Ill.
“On or about Dec. 20, 2016, while the policy was in full force and effect, plaintiff suffered direct physical loss and damage to the insured property believed to be the result of a peril insured against under the policy, resulting in damage to the insured premises and those areas and to the extent set forth in the preliminary estimate of loss. Notice of this covered loss was given to defendant in a prompt and timely manner and plaintiff, at all relevant times, fully complied with all of the terms and conditions required by the policy,” the complaint reads.
“Defendant, despite demand for benefits under the policy, has refused, without legal justification or cause, and continues to refuse, to pay to plaintiff monies owed for the damages suffered as a result of the loss. Solely as a result of the defendant’s failure and refusal to pay benefits to plaintiff as required under the policy, plaintiff has suffered loss and damage in an amount not in excess of $50,000,” the complaint states.
Hayes believes her coverage denial was done without “a reasonable basis in fact” constitutes both a breach of the insurance contract and acting in bad faith, the latter due to sending correspondence falsely representing that plaintiff’s loss caused by a peril insured against under the policy was not entitled to benefits due and owing under the policy, flatly misrepresenting pertinent facts or policy provisions relating to coverages at issue and placing unduly restrictive interpretations on the policy and/or claim forms, among other alleged violations of the insurance contract.
“For the reasons set forth above, defendant has acted in bad faith in violation of 42 Pa.C.S.A. Section 8371, for which defendant is liable for statutory damages including interest from the date the claim was made in an amount equal to the prime rate of interest plus three percent, court costs, attorney’s fees, punitive damages and such other compensatory and/or consequential damages as are permitted by law,” the suit says.
For counts of breach of contract (in assumpsit) and bad faith (in trespass), the plaintiff is seeking damages not in excess of $50,000, plus interest, court costs, counsel fees and delay damages in this matter.
The plaintiff is represented by Mario Barnabei of the Law Offices of Jonathan Wheeler, in Philadelphia.
Philadelphia County Court of Common Pleas case 170700225
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com