This Eastern District, Sherman Division opinion is good reading for how the courts look at an insured’s responsibility to comply with policy provisions in an insurance contract. The opinion is styled, Tommy Wilson v. Allstate Insurance Company.
Wilson made a claim for damages to his home after wind and hail storm damage. A loss suit resulted based on allegations that Allstate grossly underestimated the amount of damage to the property. Allstate filed a motion to dismiss based on Wilson not having complied with the policy provision requiring he submit a sworn proof of loss 91 days before filing suit.
The relevant portion of the policy reads: