This is a sworn statement under oath of the facts that I investigated and/or discovered during the Allstate claim handling process as it relates to claim #6096347098, 0121338842, 01244339805, 0122024342 and 01222025935, pertaining to policies 986611318 (Renters) and 986619613 (Condo).
This instrument will be considered fact-finding evidence in a court of law if the need arises, as it was affirmed by the Texas Department of Insurance, which regulates insurance companies in the State of Texas. The Texas Department of Insurance has received and concluded a justified complaint against Allstate Insurance Company, complaint # 851033.
The following accusations were presented to the Texas Department of Insurance: bad faith, unfair claim handling practices, violation of prompt payment laws, errors and omissions, and deceptive practice.
Facts:
Policy #986611318 (Renters) was issued with an incorrect effective date of 10/14 at 12:01 am.
The Texas Department of Insurance investigated my complaint with the fact-finding evidence provided and contacted Allstate in regard to this matter. Allstate changed and/or acknowledged the error, and the effective date is being acknowledged as 10/13 at 11:18 am.
The City of Grand Prairie (Sewer Department) was dispatched on 10/13 at 13:55 due to a water loss.
I reported the claim to Allstate and was initially given claim #0121338842 at 2:01 pm as my claim number.
Toni Watkins, an Allstate adjuster, closed claim #0121338842 in Allstate's new system, which is being integrated and which timestamps the date and time of loss, and manually created claim #6096347098 in Legacy (Allstate's old system, which they are migrating from) and entered the date of loss as 10/13, but changed the loss time to 9:18 am.
Kisha Jackson, an Allstate agent, confirmed on 11/30 at 10:17 am that the date-of-loss time on claim #6096347098 was changed to 9:18 am.
Allstate failed to send an acknowledgment letter for claim #6096347098 and #0121338842 within 15 days.
Allstate associates Latasha Bowser, Christine Slater, Toni Watkins and David Thornsen advised me there was no coverage at the time of loss for claim DOL 10.13.2008 (0121338842 and 6096347098).
Allstate failed to provide reasonable notice, 30 days, to inform the policyholder that a request for specific additional information was needed to assist with their claims investigation for the claims ending in -5935 and -4342.
Allstate failed to send a denial letter including the denial reason for claim #0121338842 and 6096347098.
Allstate's reply to the Texas Department of Insurance on 12.1.2008 documents that I requested the Examination Under Oath.
Allstate's reply to the Texas Department of Insurance documents that I purchased a Renters policy on 10.13.2008 and a Condo policy on 10.20.2008.
It is a fact that the Final Proof of Loss for claim #01222025935 was faxed on 11.11.2008 and 11.12.2008.
It is a fact that there was no request for specific additional information within 15 business days, as the contract indicates, thus 18% interest is applicable.
It is documented that Allstate failed to request a signed Proof of Loss within 15 days, as the contract indicates, for claim #012133842 and 0122024342.
In fact, the timeframe for claim #0121338842 and 0122024342 expired on 10/28/08, as the date of loss was 10/13, and the timeframe for claim #0122024342 expired on 11/5.
It is documented in the 12.1.2008 correspondence to Attorney Micah Kessler that the request for Proof of Loss was in fact faxed on 11.6.2008, which was after the timeframe expired for claims #0121338842 and 0122024342.
Allstate issued Condo policy #986619613, representing that there would be a policy conversion from a Renters policy on 10.20.2008 at 9:40 am. However, an error occurred and the agent issued an additional policy.
Allstate did not receive my written consent to issue a Condo policy effective 10.21.2008 at 12:01 am.
My signature is not affixed to the Condo application, which confirms that I did not agree to the terms of the policy being issued on 10/21 at 12:01 am.
It is a documented fact that the Condo application on page 3, under Prior Property Insurance, clearly indicates the EXPIRATION date on policy #986611318 as 10.14.2008 and the EFFECTIVE date of continuous coverage as 10.14, thus substantiating the accusation that I was advised the Condo policy would become effective on the date of issuance of the Renters policy.
It is a fact that the Condo application has the EFFECTIVE DATE as 00/00/0000 and the EFFECTIVE TIME as 00:00, thus substantiating that I did not provide written consent to issue the policy effective 10/21 at 12:01 am, which technically and legally is fraud.
It is a fact that the Personal Property amount on the Renters policy is 36,390 and, coincidentally, the Purchase Price shown on the Condo application is 36,960.
It is a documented fact that Allstate accused me of misrepresenting and/or concealing material facts that were known to their agents when they issued an additional policy.
It is a fact that the Sworn Proof of Loss for claim #01222025935 shows my interest as owner in the Personal Property.
It is a fact that I did not conceal or misrepresent any material facts, as my signature is not affixed to the Condo application, making any such assertion null.
It is a fact that the dates of loss are 10.13, 10.20 and 10.21.
It is documented that Allstate denied claim #01222025935 with the denial reason that the Condo policy was not in force. However, the Condo application disclosed that the effective date of issuance and/or conversion was in fact 10/14, thus covering any losses as described in the contract thereafter, although the correct date of issuance, as previously established, was 10/13.
Allstate has in fact documented, via written correspondence to the Texas Department of Insurance, that once they receive the requested information enclosed, including the signed transcript from the EUO, they will be able to make a decision with respect to the claims.
Additionally, attorney Micah Kessler made the statement that he was not aware of any benefit derived from the Texas Department of Insurance investigation as it relates to the Allstate claim handling process. However, he is now aware, as it is now documented fact-finding evidence which firmly indicates signs of bad faith, unfair practices, errors and omissions, deceptive practice and violations of Texas prompt pay laws.
Allstate has exhibited consistent behavioral patterns of fraud, as their business practices are deceptive, like a (RICO) Racketeer Influenced and Corrupt Organization.
Allstate has facilitated an elaborate scheme to dupe consumers into believing they are in good hands when complaint statistics show otherwise, as found on usacomplaints.com and various websites for consumers.
1. Allstate failed to send a Reservation of Rights notice within a reasonable time, 30 days after the losses occurred, which is an Administrative Code violation and, per the Texas Insurance Code, is also considered an unfair claims practice. (Complaint evidence sent to the Texas Department of Insurance, dated 11.24.2008, received from Allstate)
2. Allstate failed to send timely notice, as the contract indicates, to acknowledge claims. Notice was given 20 days after the losses occurred. (Complaint evidence sent to the Texas Department of Insurance, dated 11.18.2008, received from Allstate)
3. Allstate failed to comply with the Texas Department of Insurance directive in its 12.23.2008 correspondence, which demanded a reply before the Examination Under Oath on 1.5.2009. However, they maliciously defied the request and replied on 1.6.2009. (Complaint evidence sent to the Texas Department of Insurance)
Allstate has not only breached our contract but also shows no regard for compliance with the Texas Department of Insurance codes, which is an unethical business practice.
Status: The claims have not been resolved, and it has been over 6 months.
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