NEW ORLEANS - A Laplace resident has filed a lawsuit against her insurance company claiming that the failed to pay for the flood damage to her home.
Alvin and Anna Julien filed suit against Allstate Insurance Co. on Aug. 20 in federal court in New Orleans.
The plaintiff’s property is located in Laplace and sustained flood damage from Hurricane Isaac in August 2012. According to the lawsuit, the plaintiffs reported the damage to their flood insurer and made demand for payment.
“No denial letter was ever received by Alvin and Anna Julien,” the lawsuit states.
The defendant is accused of failing to fulfill its obligations under the policy of insurance for failing to pay for all flood damages due under the policy, failing to include all flood damages in scope of loss/damage estimate, failing to bring in qualified professionals to timely and properly assess all of the flood damages, overly depreciating the value of the property and the value of contents items, refusing to explain or provide insured with a copy of the depreciations schedule used to calculate depreciation, and for failing to pay for post-catastrophe price increases.
The defendant is accused of breach of contract under federal common law, breach of duty of good faith and fair dealing implied by federal common law, and for negligent misrepresentation.
The plaintiff is seeking an award of damages for the full value of property damage, loss of use, recoverable depreciation, mold damage and remediation, debris clean up and removal, cost of compliance, penalties, interest, court costs, and attorney’s fees.
Julien is represented by Anthony D. Irpino, K. Adam Avin, and Bobby G. Hawkins of Irpino Law Firm in New Orleans.
U.S. District Judge Kurt D. Engelhardt is assigned to the case.
Case No. 2:13-cv-05492