FORT WORTH, TX - Thompson Coe Partners Roger Higgins and Mariah Quiroz obtained a unanimous defense verdict on behalf of Allstate in a bad faith and breach of contract lawsuit. Over the course of three days, Thompson Coe’s counsel successfully defended Allstate against Plaintiff and his experts who claimed that the roof suffered damage that could result in future leaks. Plaintiff sought more than $500,000 in overall damages and asserted breach of contract and bad faith. The jury found that that Allstate’s denial was proper under the terms of the policy.
The case involved an insurance claim to a residential property for hail damage to the property’s metal roof. Allstate denied coverage for Plaintiff’s roof based on a policy exclusion for damage that was cosmetic in nature. During trial, experts testified as to whether the damage incurred to the roof was considered cosmetic damage or whether the roof suffered functional damage that could be attributed to a “sudden and accidental” loss.