JURY FINDS ALLSTATE LIABLE FOR BREACH OF CONTRACT AND BAD FAITH FOR HOMEOWNERS’ SMOKE DAMAGE CLAIMS ARISING FROM BASTROP WILDFIRES
Following the 2011 wildfires in Bastrop County, Texas, five insureds sued Allstate claiming damage to their residences due to smoke and claiming Allstate breached the contract and committed bad faith in the adjustment of their smoke/soot claims. On September 24th, a Bastrop County jury agreed with the homeowners and awarded damages against Allstate for breach of contract, unconscionable acts in adjusting the claims, breach of the common law duty of good faith and fair dealing knowingly committing unfair or deceptive acts or practices in handling the claims. The case is Godward, et.al. v. Allstate Texas Lloyds, Inc., No. 29,358 (21st Dist. Ct., Bastrop County, Tex. Sept. 26, 2015). See below for the jury charge.