Former Justice Sues AllState for Breach of Contract, Denying Homeowner's Insurance Policy Claim
It is not just the ordinary American who needs insurance attorneys to help deal with disputes with insurance companies. A former Wisconsin Supreme Court Justice filed a lawsuit against AllState for its refusal to pay out a homeowner's policy claim.
Former Justice, William Bablitch, and his wife are suing the company for its refusal to pay $65,000 to cover damage to their Hawaii vacation home. According to the lawsuit, the home suffered water damage last year. 
When the Bablitches approached AllState to claim their policy benefits, they were denied their claims. The lawsuit alleges the company breached the contract in refusing to pay out the claim and is acting in bad faith. The company denies those charges and says it is acting reasonably in the claim.
What is an Insurance Policy?
An insurance policy is basically a contract between the customer, who is the insured party, and the insurer or insurance company. This contract defines the obligations of both parties. When either party fails in their duty to fulfill the obligations, they are said to be in breach of contract. When the insurer does not fulfill their obligations as specified under the contract, the insured party can file a lawsuit against the company for breach of contract.
Any policy holder who seeks to recover damages for breach of contract must prove that:
- The contract was in force at the time of the damage.
- They were fully in compliance with the terms of the contract.
- The insurance company breached the terms.
The policy holder here may be able to recover not only the policy benefits, but also any consequential damages that result from the breach of contract, including costs of the lawsuit. Attorneys frequently represent people who have been denied claims by their insurance company.
Hurricane Season is Here
With hurricane season in full swing and insurance companies still recovering from what has been one of the busiest and most disastrous hurricane eras in recent history, you can bet many insurers will delay and deny as many claims as they can get away with. The fact remains, if you submit a legitimate claim for damages caused to your home in a hurricane, it is your insurers responsibility to uphold their end of the agreement and pay out your claim.
