The United States District Court for the Northern District of Texas, Judge Boyle, issued an opinion on March 9, 2018, wherein the court denied the insurance company request for summary judgment. The case is styled, Padilla v. Allstate Fire and Casualty Insurance Company.
This dispute arises from a claim for insurance benefits under a homeowners’ policy. The claim was with Allstate for wind and hail damage to Padilla’s property. Allstate’s adjuster inspected the home, a shed roof, several windows, the back fence, the back deck, an AC unit cover, the pergola, and the carport. The adjuster assessed damages at $19,132.24. After subtracting the $9,789.70 deductible, recoverable depreciation of $801.61, and non-recoverable depreciation of $3,786.16, Allstate issued a check for $4,754.77.
Padilla filed sued for breach of contract and violations of the Texas Insurance Code. Allstate caused the case to be removed to Federal Court and filed it’s motion for summary judgment.