The U.S. District Court, Eastern District, Sherman Division, issued an opinion in May 2018, styled, James Cunningham and Tabatha Cunningham v. Allstate Vehicle and Property Insurance Company.
The Cunningham’s allegedly suffered damages during a hail and windstorm. The claim was reported to Allstate and five days later Allstate inspected the property. The Cunningham’s requested a re-inspection which was denied. Without providing a proof of loss in accordance with policy provisions, the Cunningham’s filed suit against Allstate.
Allstate responded by filing a motion to dismiss for lack of subject matter jurisdiction due to the Cunningham’s failure to satisfy the policy proof of loss requirement.