Stevens v. Allstate Insurance

19 F. Supp. 3d 690, 2014 WL 1779478, 2014 U.S. Dist. LEXIS 61957
CourtDistrict Court, E.D. Louisiana
DecidedMay 5, 2014
DocketCivil Action No. 13-5102
StatusPublished
Cited by5 cases

This text of 19 F. Supp. 3d 690 (Stevens v. Allstate Insurance) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stevens v. Allstate Insurance, 19 F. Supp. 3d 690, 2014 WL 1779478, 2014 U.S. Dist. LEXIS 61957 (E.D. La. 2014).

Opinion

ORDER & REASONS

ELDON E. FALLON, District Judge.

Before the Court is Defendant Allstate Insurance Company’s motion for summary judgment. (Rec. Doc. 20). Having considered the parties’ memoranda and the applicable law, the Court now issues this order.

I. UNCONTESTED FACTS

This action arises out of a flood insurance claim made by Plaintiffs Diane and Bobby Stevens for damage their house sustained during Hurricane Isaac. The property, which is located in LaPlace, Louisiana, was inundated with about a foot of water for approximately a day. The Stevens’ insurer, Allstate, is a write-your-own program (“WYO”) carrier participating in the National Flood Insurance Program (“NFIP”), and it issued a standard flood insurance policy (“SFIP”). The SFIP covers a term lasting from November 22, 2011, to November 22, 2012, and has coverage limits of $165,000.00 for structural damage and $26,300.00 for contents damage, each of which is subject to a $1,000.00 deductible.

After the Stevens submitted a claim, Allstate initiated the adjustment process. In doing so, it assigned an independent [692]*692adjuster, Rich Christie, through Pilot Catastrophe Services, who inspected the property on September 7, 2012. Specifically, the estimate included cost of replacing drywall, doors, trim, vinyl windows, the water heater, electrical outlets, several refrigerators, a stove, a fireplace, insulation, countertops, cabinets, a bathtub, a shower, blinds, doors, and part of a garage door. It also included the cost of services for remodeling, demolition, drying out the house, and eradicating mold. Based on the adjuster’s estimate, Allstate paid the Stevens $84,132.76 for structural damage. (It also paid them $21,300.00 for contents damage, which is the policy limit.) Subsequently, the Stevens and Allstate both sought additional estimates. Kevin Ma-nale, hired by the Stevens, provided an estimate of $89,499.80 and John Crawford, hired by Allstate, provided one of $96,422.60.

The Stevens used the funds that had been paid to conduct some essential repairs. They have produced documentation of $49,711.94 spent on repairs, but state that they are unable to document the remainder of what was spent (although they allege that they spent the entire amount Allstate paid).1 The Stevens state that they do not know exactly how much they have spent on repairs, nor do they know exactly how much will need to be spent.

II. PRESENT MOTION

Allstate now moves for summary judgment. (Rec. Doc. 20). Specifically, Allstate argues that the amount the Stevens spent on repairs is less than the amount it paid them and that its liability should not be determined by an estimate when the actual amount is known. Further, Allstate argues that the Stevens bear the burden of proving that the actual amount of damage was greater than the amount paid and that the Stevens are unable to meet this burden.

The Stevens respond in opposition. (Rec. Doc. 26). Specifically, they note that Allstate’s second estimate demonstrates that they were underpaid by $13,298.84 and that other estimates may indicate they were underpaid by an even greater amount. In addition, they suggest that the “builder board,” which sits between the brick veneer and studs, was contaminated during the flood and must be replaced, increasing the amount of structural damage. In sum, they argue that, even though they did not document all of their repairs, those repairs would exceed what Allstate paid and also that there are additional repairs yet to be made.

Allstate replies. (Rec. Doc. 32). It argues that the Stevens “do not dispute that their home has been completely repaired (except for three doors)” or “any of the facts” in its motion for summary judgment. (Id. at 2). With regard to the builder board, it suggests that, if the repairs are complete, “it is obvious that this work will never be done.” (Id. at 3). Further, it states: “A claim for the [builder board] is in every single one of [the Stevens’ attorney’s] cases. Every one. Its sole purpose is to pay the fees of the attorney and public adjuster.” (Id. at 3 n. 4). Next, it argues that the proof-of-loss requirement, which is dispositive of a claim, “hold[s] the exact same legal status” as the language allowing payment of the amount actually spent because both are contained “within the exact same section of the SFIP (Article VII — General Conditions).” (Id. at 4). Additionally, Allstate argues, again, that the Stevens have “not even specified] repair costs for which they claim to have “lost’ receipts,” and thus are only entitled to those costs for which they have receipts [693]*693and which is less than the amount already paid by Allstate. (Id. at 5). Nor, it argues, have the Stevens provided any specifics about the “ ‘substantial flood damages’ not yet repaired.” (Id. at 7). Last, Allstate contends that any estimate is irrelevant in assessing structural damage “because only the homeowners know what they actually repaired.” (Id. at 8).

III. LAW & ANALYSIS

A. Standard

Summary judgment is appropriate if the moving party can show “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.CivP. 56(a). Under Federal Rule of Civil Procedure 56(c), the moving party bears the initial burden of “informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). When the moving party has met its Rule 56(c) burden, the non-moving party cannot survive a motion for summary judgment by resting on the mere allegations of its pleadings. See Prejean v. Foster, 227 F.3d 504, 508 (5th Cir.2000). “The mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 253, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Furthermore, “[t]he non-movant cannot avoid summary judgment ... by merely making ‘conclusory allegations’ or ‘unsubstantiated assertions.’ ” Calbillo v. Cavender Oldsmobile, Inc., 288 F.3d 721, 725 (5th Cir.2002) (quoting Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994)). In deciding a summary judgment motion, the court reviews the facts drawing all reasonable inferences in the light most favorable to the non-movant. Id. at 255, 106 S.Ct. 2505.

B. Analysis

Here, it is necessary to consider the SFIP that was issued by Allstate to the Stevens. SFIPs are governed by statute and Federal Emergency Management Agency (“FEMA”) regulations. Worthen v. Fid. Nat’l Prop. & Cas. Ins. Co., 463 Fed.Appx. 422, 426 (5th Cir.2012) (citing 42 U.S.C.

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19 F. Supp. 3d 690, 2014 WL 1779478, 2014 U.S. Dist. LEXIS 61957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-allstate-insurance-laed-2014.