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Homeowners Accuse Major Insurer Allstate of Breach Following Storm Damage

LOUISIANA RECORD

Thursday, February 13, 2025

Homeowners Accuse Major Insurer Allstate of Breach Following Storm Damage

Federal Court
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U.S. District Court for the Western District of Louisiana | Official website

In a legal battle that underscores the complexities of insurance claims and coverage disputes, a lawsuit has been filed against a major insurance company. On February 7, 2025, Tony and Josie Craven lodged a complaint in the United States District Court for the Western District of Louisiana against Allstate Vehicle and Property Insurance Company. The plaintiffs allege breach of contract, seeking penalties and attorney's fees under Louisiana law.

The case centers around an insurance policy issued by Allstate to the Cravens, who reside in Calcasieu Parish, Louisiana. The dispute arose following a storm event that allegedly caused damage to their property. According to the complaint, Allstate failed to fulfill its contractual obligations by not adequately covering the damages claimed by the plaintiffs. The Cravens argue that Allstate's actions are in violation of specific statutory provisions, including La. Rev. Stat §§ 22:652, 22:1892, 22:1983, and 22:1973.

Allstate's defense is robust, denying most allegations while admitting certain uncontested facts such as the issuance of an insurance policy and acknowledgment of the storm event. The company contends that many of the claims are barred due to various exclusions within the policy itself. These exclusions cover a wide range of potential causes for loss, including floods, earth movement, mold damage, and other conditions deemed outside the scope of coverage. Furthermore, Allstate argues that any damages sought by the plaintiffs should be offset by payments already received from other sources like FEMA or other insurers.

In addition to denying liability for alleged breaches or statutory violations, Allstate maintains that it acted in good faith throughout its dealings with the Cravens. The company seeks dismissal of all claims on grounds including failure to state a claim upon which relief can be granted and lack of evidence supporting allegations made by the plaintiffs.

The Cravens are seeking judgment against Allstate for breach of contract along with penalties as prescribed under Louisiana law for what they perceive as arbitrary or capricious conduct by their insurer. They demand compensation for damages sustained during the storm event plus reimbursement for legal expenses incurred during this litigation process.

Representing Allstate is attorney James L. Donovan Jr., from Donovan & Lawler APLC based in Metairie, Louisiana. The case is presided over by Judge JDC-DJA under Case ID 2:25-cv-00111-JDC-DJA.

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