Insured’s Bad Faith Claim Survives Where Two Adjusters Took Opposite Coverage Positions

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In April 2020, numerous storms passed through the Chesterfield area, causing a tree branch to fall on top of the motor home, causing damage to the roof and seal.

Because there was damage to the seal, rainwater and other moisture were able to enter the motor home, causing severe damage to the motor home and the plaintiff’s property located inside.

The complaint alleges that in initially looking for insurance coverage on their motor home, they inquired of the insurer about its motor home insurance and that the insurer represented to them that there would be coverage for the type of loss they eventually sustained.

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Two Adjusters Took Opposite Positions

According to the complaint, after the insurance policy was issued and the loss actually occurred, Allstate initially sent a claims adjuster who found that the damage was covered under the policy.

The plaintiffs then took their motor home to a qualified mechanic to make the necessary repairs. They say that without explanation, Allstate sent a second claims adjuster to re-evaluate their claim.