Insurer sued by restaurant that was allegedly damaged by severe hail storm

GRETNA – An insurer and claims adjuster are being sued by a restaurant that was allegedly severely damaged by a hail storm, but was only paid for minor damages under its property insurance policy.

Brothers’ Restaurant Inc. filed suit against Underwriters at Lloyd’s London, Scott Scariano and Worley in the 24th Judicial District Court on Feb. 12.

Brothers’ Restaurant Inc. asserts that the building housing their restaurant sustained severe damage on Feb. 24, 2013 when a hail storm passed over the area. The plaintiff claims that their building received damage from severe water intrusion and their roof, shutters, air conditioning and heating systems, metal trim, metal roof fixtures and roof vents were all damaged. Brothers’ Restaurant Inc. alleges that after a deductible of $2,500 was factored they received a payment of $3,991.78 for repairs to the roof and air conditioner, which the plaintiff alleges does not cover the severity of the damages sustained.

The plaintiff claims that the damage quote, which was supplied by Worley and Scariano as its adjuster, should not be admissible as Worley had let their registration lapse at the time of the inspection. In addition, Brothers’ Restaurant Inc. alleges it should have received enough funds to replace the entire roof.

The defendant is accused of breach of contract.

An unspecified amount in damages is sought for statutory penalties, at least 50 percent of the claim and attorney’s fees.

Brothers’ Restaurant Inc. is represented by attorney Louis J. Leo of Metairie.

The case has been assigned to Division D Judge Scott U. Schlegel.

Case no. 735-475.