Dallas attorneys Ashley Pedigo and Jamie Baker received a summary judgment in favor of their client, Allstate, on a first-party homeowners case in federal court involving a claim of “sudden and accidental” water loss. This case focused on an exception to coverage dependent upon the location of the reported water leakage. Federal Judge Sam R. Cummings upheld Allstate’s interpretation of the policy language. He determined that the plaintiff had not raised a genuine issue of material fact; therefore, he granted summary judgment with prejudice.
In another case on behalf of Allstate, Jamie and Ashley obtained a full motion for summary judgment on a first-party homeowners case in state court. This lawsuit involved a below-the-foundation water leak. Allstate’s adjusters inspected the loss and applied the $5.000 limit of liability for foundation-related leaks. Plaintiffs claimed the adjusters represented that there would be full coverage of $600,000 and then later raised an issue as to whether the leak was indeed below the foundation. The judge granted Allstate’s motion for summary judgment in its entirety as to Plaintiffs’ claims of breach of contract, extra-contractual claims, promissory estoppel, and fraud.
These are two great wins for the Insurance Litigation and Coverage section.