The attorneys at Daly & Black are excited to be able to once again announce a winning case result. Last Friday, our attorneys obtained a $1.5 million verdict against Allstate for wrongfully denying home insurance benefits to our clients.
Our clients, an elderly couple, approached our firm following a hailstorm that severely damaged their home. The clients photographed a hailstone next to a ruler that was 3.5". Allstate ignored the information provided by our clients and told them that the damage to their home was merely cosmetic. Our clients couldn't sell their home, nor could they get insurance with any other company.
In an effort to help our clients complete the necessary repairs to fix their home as soon as possible, Daly & Black originally offered to settle with Allstate for $40,000. When Allstate refused, Daly & Black deployed a team of attorneys to take on Allstate in court and turn the tables against the insurance company’s attempt to unfairly cheat our clients. During the trial, Daly & Black attorneys, James Willis and David Bergen, presented evidence to the jury to prove how Allstate had defrauded our clients by placing a cosmetic damage exclusion after accepting the premium without telling them about it.
According to the jury’s findings after deliberation, Allstate:
- Failed to comply with the insurance policy agreement
- Engaged in unfair or deceptive actions or practices knowingly
- Committed fraud against our client
The jury also found that there was “clear and convincing evidence” to conclude that the fraudulent actions of Allstate directly caused our client to suffer financial harm. As a result, $1.5 million was awarded to our client for actual and exemplary damages, as well as court and attorney fees.
Most notably about this case was the fact that a corporate representative from Allstate testified on the stand that they do not create their policies until after a new policyholder signs up and pays initial premiums. At that point, Allstate will create a policy that includes an unpurchased cosmetic exclusion as a way to deny more claims and cut company costs. "During Daly & Black attorney's cross-examination of Allstate's agent, the agent confirmed that this is a common practice in all of the policies Allstate issues — meaning there is a pattern where Allstate adds in cosmetic exclusions after a customer pays their premiums with the customers knowledge. When asked why or if Allstate was sorry for misleading its customers, Allstate's agent testified: “I cannot comment on that."
To learn more about Daly & Black, P.C. and our Houston insurance claim attorneys, call us at (888) 492-2671. We offer comprehensive and experienced legal representation to anyone who has had their claim denied, delayed, or underpaid. You deserve every penny of coverage owed to you by your insurer, and we intend to fight them until you get paid. Perhaps best of all, you never have to worry about out-of-pocket expenses for our work!
For a free consultation, contact our team online.