Allstate sued over breach of contract claims

Catherine Melancon Nov. 21, 2012, 6:41am

Rob Couhig

BATON ROUGE – A Zachary man and woman are suing their insurance company for alleged breach of contract.

Brian Langford and Marchelle M. Garibaldi filed suit against Allstate Indemnity Company and Charlene M. Smith in the 19th Judicial Court on Nov. 9.

The plaintiffs claim they own property at 4866 June St. in Zachary, and the property was insured by Deluxe Homeowners policy issued by Allstate.

Smith, an authorized Allstate agent, issued the policy to the plaintiffs. On Jan. 31, the plaintiffs allegedly informed Allstate of damage that occurred at the property involving a leaking roof.

Langford and Garibaldi claim Allstate sent a representative to investigate the property damage, but denied the claim on Feb. 7.

A denial letter from Allstate allegedly stated the damage was ongoing for at least two months, the wind damage to the rear slope of the home was probably three to four years old as evidenced by the weathered felt paper and rusted roofing nails and failure to make reasonable and necessary repairs to the roof is the primary reason for leakage.

The plaintiffs assert Allstate failed to provide sufficient evidence to support its conclusions. On March 30, the plaintiffs sent a proof of loss notice, but on April 9, Allstate rejected it.

Allstate is accused of breach of contract, refusing to make payment under the Allstate Policy arbitrarily and capriciously. Smith is accused of misrepresentation.

An unspecified amount in damages is sought for mental anguish, inconvenience, suffering, distress and attorney fees and costs.

The plaintiff is represented by Robert E. Couhig, III of Couhig Partners, LLC in New Orleans.

The case has been assigned to Division M Judge Kay Bates.

Case no. 616826.

More News