However, shortly thereafter, the insurer assigned multiple claim representatives who were unaware of the history of Plaintiff’s claim refused to acknowledge receipt of engineering reports, and failed to acknowledge or respond to proofs of loss submitted by Plaintiff.
The complaint further alleged that full payment from Allstate was never made, which resulted in other damages.
The plaintiff sued Allstate for breach of contract and bad faith, but Allstate moved to dismiss the bad faith claim only. Judge Padova denied that motion.
According to the court record, Judge Padova reviewed the complaint in its totality, and after drawing all reasonable inferences in the plaintiff’s favor, concluded that the complaint did adequately allege that Allstate was unresponsive and dilatory, failed to carry out a proper investigation, and made unsubstantiated coverage denials.
Facts In Support of Claim for Bad Faith
1. Allstate “failed to fairly and adequately evaluate Plaintiff’s claim or make a reasonable effort to negotiate a timely settlement of the claim.”
