Texas Jury Issues Defense Verdict in Property Theft Insurance Dispute

On May 12, 2018, a plaintiff was robbed at gunpoint in Baton Rouge, Louisiana. The robber stole the plaintiff's vehicle and personal property, valued at approximately $28,426. The vehicle was recovered two weeks later. The plaintiff filed claims with two insurance companies, Allstate Fire & Casualty Insurance Company for the vehicle and Allstate Indemnity Company for personal property. Allstate Fire & Casualty accepted the vehicle claim, offering $41,017.47, which the plaintiff refused, citing uncompensated upgraded wheels and tires worth $4,500. Allstate Indemnity rejected the personal property claim.

The plaintiff then filed a lawsuit alleging breach of contract, violations of the Texas Insurance Code, and breach of the duty of good faith and fair dealing. The plaintiff sought damages for the upgraded vehicle components, personal property, and mental anguish. The defendants asserted that the plaintiff failed to comply with policy conditions, including cooperating with the investigation, providing records, and submitting to an examination under oath. The defendants also argued that the personal property claim was inflated and included items not stolen or owned by the plaintiff.

Prior to trial, all extra-contractual claims against the defendants were dismissed, and Allstate Fire & Casualty Insurance Company was nonsuited. The breach of contract claim against Allstate Indemnity Company proceeded to trial in December 2019. A jury found that Allstate Indemnity Company did not fail to pay a claim for benefits under the insurance contract. A final judgment ordered the plaintiff to take nothing from Allstate Indemnity Company. The court also awarded the defendants expenses, costs, and attorney's fees totaling $23,169.23.