The Latest on the Mayors Lawsuit – Allstate Lawsuit
The Ohio State Fire Commissioner released in August 2021 the findings of a report on the home fire that is the basis of the ongoing lawsuit against Allstate.
The report concluded that the cause of the fire could not be determined as electrical equipment was present in the ignition area and accidental causes could not be ruled out.
Human actions, whether accidental or intentional, cannot be ruled out. Allstate Lawsuit
“This incident is now closed and may be reopened in the future as more information may become available,” the fire chief’s report said.
Lebanon Mayor Mark Messer and his wife filed a lawsuit against insurance company Allstate after a fire destroyed their home around midnight on August 14, 2021, receiving an affidavit of at least $506,417 as evidence of damages.
In the lawsuit, the couple sought a declaratory judgment alleging breach of contract and malfeasance, and claimed that Allstate had delayed processing the claim.
The Messrs filed suit in Warren County Common Pleas Court, but the case was transferred to US District Court in Cincinnati on July 28, 2022, the Dayton Daily News reports.
Allstate sent a letter in response to the lawsuit denying the couple’s claims to Messrs. Its own investigation determined that the policy does not provide coverage for your claim because “(1) the intentional conduct acts to exclude coverage. To cooperate.
Substantiation attained by Allstate in its disquisition indicates that the subject fire was caused largely by the purposeful acts or instructions of the ensured and that the performing loss was a nicely anticipated and or intended result of similar acts, the letter continued. In light of that decision, the above policy provisions are enacted to exclude coverage for your claim.” Allstate Lawsuit
Attorney Mathew S., defending M/s. Brown said the fire chief’s investigation “has not reached a conclusion as to what happened to Mark and Jennifer,” but said it has “no basis.” The couple was forced to sue in order to get the protection Allstate had promised them.
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