Property insurer accused of violating state law, breaching contract by not properly assessing storm damage

By Kyle Barnett | May 8, 2015

GRETNA – A Harvey couple is suing their property insurer who they claim failed to properly assess damages to their home from a hail storm.

Orestes Rodriguez and Iraida Herrara Rodriguez filed suit against American National Property and Casualty Insurance Company in the 24th Judicial District Court on Feb. 23.

The plaintiffs claim they owned a property located at 1664 Dogwood Drive in Harvey that was covered by a property insurance policy provided by American National Property and Casualty Insurance Company when a hailstorm struck the area on Feb. 24, 2013. The Rodriguezs allege their home’s roof was severely damaged in the storm which led to water damage to the interior and exterior of the property as well as the property’s contents.

The plaintiffs contend that while American National Property and Casualty Insurance Company sent an insurance adjuster out to there home he did not spend enough time at the property to properly assess the damages and subsequently they were offered an insurance claim far below the value of the actual damage to their home.

The defendant is accused of breach of contract, bad faith claims handling, negligent claims handling, breach of duty of good faith and fair dealing, violation of state law and negligent misrepresentation.

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

The plaintiffs are represented by Tiffany R. Christian of New Orleans-based Binegar Christian.

The case has been assigned to Division P Judge Lee V. Faulkner Jr.

Case no. 747-041.

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