Access Home Insurance Company sued over alleged breach of contract for not covering hailstorm damages

By Louisiana Record reports | Apr 23, 2015

GRETNA – A property insurance company is being sued by a homeowner claiming breach of contract after it allegedly failed to cover damages to her home in a hailstorm.

Martha Murray filed suit against Access Home Insurance Company in the 24th Judicial District Court on Feb. 24.

Murray asserts she entered into an insurance policy with Access Home Insurance Company to cover property damage to her home located at 5116 Victorian Drive in Marrero. The plaintiff claims that on Feb. 24, 2013 a hailstorm struck the area and severely damaged her home. Murray alleges after the storm she submitted an insurance claim for roof damage, water damage, exterior and interior damages to the home and living expenses. The plaintiff contends the defendant hired an adjuster to investigate the damages and provide an equity claim for the damages. However, Murray asserts the adjuster hired by Access Home Insurance Company did not spend enough time inspecting the property damage and subsequently the claim offered was worth far lower than the necessary costs to repair the damages to the home.

The defendant is accused of breach of contract, bad faith claims handling, negligent claims handling, breach of duty, non-prompt payment, negligent misrepresentation and violation of state law.

Damages in excess of $50,000 are sought for diminution in the value of the property, repair and remediation expenses, amount due not previously paid, cost to hire engineering and investigative firms, consequential damages, damage to structure, loss of use, attorney’s fees, prejudgement interest and costs of litigation.

Murray is represented by attorney David A. Binegar of New Orleans-based Binegar Christian.

The case has been assigned to Division M Judge Henry G. Sullivan Jr.

Case no. 747-082.

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