Not paying on an insurance claim is in simple terms, a breach of contract. The difference is that the contract breached is an insurance contract. The Texas Insurance Code provides for damages beyond the simple breach of contract damages. However, as is pointed out in the 2019, opinion from the Southern District of Texas, Victoria Division, you still have to prove the insurance contract was breached. The style of the case is, Deborah Gonzalez v. Allstate Vehicle and Property Insurance Company.
Deborah’s claim arose out of damage suffered in Hurricane Harvey in August of 2017. Deborah filed a claim against Allstate on August 28, 2017. Allstate’s adjuster reported damages totaling $8,596.63. After adjustments, Allstate paid Deborah $6,062.63.
Deborah did not agree with the amount paid and on August 13, 2018, Deborah and Allstate designated appraisers. The appraisers evaluated the loss at $23,822.72. After applying adjustments, Allstate paid the remainder of the claim.