By Samuel Adam Lopez
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(USA Herald) – The Squatter Damage Suit: Moving to the Federal Court Allstate Insurance Co. has moved a lawsuit amounting to roughly $1.8 million to Washington federal court. The case, initiated by Micaela Grill on behalf of the estate of the late Seattle-area homeowner, Donald C. Martin, accuses the insurance giant of declining payment for extensive damage to the home caused by squatters.
Grill launched the lawsuit in June, but it wasn’t until recently that Allstate took the case to the federal level. The insurer’s reluctance to pay for the vast destruction inflicted on the dwelling and insured personal property has raised eyebrows and questions regarding its business conduct.
Accusations against Allstate: More than Just a Breach of Contract Grill’s complaint outlines a series of allegations against Allstate. She has charged the insurance company with breach of contract, bad faith, and violations of Washington state’s Consumer Protection Act and Insurance Fair Conduct Act. The estate is seeking additional damages, including for mental distress, and argues that Allstate relinquished all policy exclusions “by its conduct” in not raising them during its adjustment of the claims.
According to the lawsuit, squatters lived in Martin’s King County home for approximately two years after his death in July 2019. The ensuing damage was catastrophic. Grill recounts horrific instances of vandalism, including punching holes in walls, discharging firearms in the house, disconnecting waste lines, and leaving used needles around the property. The squatters also used the residence as a dog breeding site and set up an illegal marijuana growing operation, further exacerbating the damage.
Claims Handling: A Daunting Experience Grill’s experience with Allstate’s claims handling process was far from smooth. She alleges that one of the adjusters Allstate assigned to the claim refused to cover the cost of professional cleaning services, which Grill considered essential to evaluate the damage accurately. The adjuster is also accused of making misrepresentations regarding coverage.
According to the complaint, Grill was forced to facilitate the cleanup of dangerous materials independently, leaning on the assistance of friends and taking out a personal loan. Her ordeal highlights the severe implications of Allstate’s alleged misconduct on its policyholders.
Allstate’s Payouts: A Discrepancy in Numbers Allstate’s handling of the estate’s payouts raises further questions. The insurer initially paid only $4,500 to the estate. However, after receiving initial proof of loss totaling roughly $580,000 in property losses and $39,000 in content losses, Allstate acknowledged and paid $65,000 in repair costs.
No explanation was provided as to why Allstate’s assessment of the covered dwelling loss increased fifteenfold eight months later. It wasn’t until a content specialist inspected the property and advised payment for cleanup services that Allstate sent a check for $74,000. Despite this, Allstate continued to reject coverage for vandalism to over 21 different parts of the home, according to Grill.
The Warning to Allstate Policyholders and the Public The estate’s ongoing struggle against Allstate underscores the potential challenges policyholders might face when dealing with the insurance behemoth. It also brings attention to the complex and often cumbersome legal processes involved in squatter eviction and property claims.
For policyholders and the general public, the case serves as a stark warning. It is essential to understand your policy fully and take appropriate steps to protect yourself from similar experiences. Always document property conditions meticulously and engage with insurers in a transparent, factual, and assertive manner.
For homeowners facing squatter issues, the legal obstacles can be formidable. State laws often grant squatters certain legal protections, making eviction a lengthy and costly process. Understanding these legalities and seeking professional help when necessary is crucial to ensure rightful property possession.
Final Thoughts The Allstate squatter damage lawsuit serves as a chilling reminder of the potential pitfalls in dealing with large insurance companies. For policyholders, vigilance, knowledge, and assertiveness are essential in protecting their interests. For the public at large, it is a stark warning about the complexities of property rights and the potential challenges they may encounter.
Representing Grill in this legal battle are Leonard Flanagan and Ken Strauss from the prestigious law firm Flanagan Strauss PLLC.
On the other side of the courtroom, Allstate’s defense is led by a strong team from Fox Rothschild LLP, comprising Gavin W. Skok, Wendy E. Lyon, Bryan J. Case, and Al Roundtree.
The lawsuit is officially recognized as Grill v. Allstate Insurance Co., bearing case number 2:23-CV-01058. The proceedings are underway at the U.S. District Court for the Western District of Washington.
By Samuel A. Lopez | Legal News Contributor for USA Herald
