Dan Harkins Jul. 17, 2015, 2:05pm


A Texas woman whose home burned down in Louisiana is suing her insurance company, alleging it turned down her claim for losses.

Carol Z. Tomlinson, of Wharton County, Texas, filed a lawsuit June 26 in U.S. District Court for the Western District of Louisiana against Allstate Indemnity Co., alleging negligent misrepresentation among other charges. 

According to the complaint, on Aug. 1, 2013, Tomlinson, the owner of the property at 3408 Golden Grain Road, Rayne, had a fire and wind homeowners' policy with the defendant when a structure fire occurred at that address. The suit says she filed a claim for a total loss with Allstate, which specifically covered her in the incidence of fire, but Allstate turned down her claim.

The plaintiff alleges negligent misrepresentation, specific performance, valued policy law, breach of contract and statutory bad faith.

Tomlinson seeks unspecified damages for the structure's loss, to other structures around it, the home's belongings, living expenses, mental anguish, pecuniary losses, attorney fees and court costs. She is represented by attorneys Wyman E. Bankston and Gabe A. Duhon of Bankston Duhon in Livingston.

U.S. District Court for the Western District of Louisiana case number 6:15-cv-01970.

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