This is a Sworn Statement Under Oath of the facts that I Tameca Erving investigated and/or discovered during Allstate claim handling process as it relates to claim #6096347098, 0121338842, 01244339805, 0122024342 and 01222025935 pertaining thereto policies 986611318 (Renters) AND 986619613 (Condo).
This instrument will be considered as fact finding evidence in a court of Law if the need arise 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:
Unfair Claim Handling Practices
Violation of Prompt Payment Laws
Errors and Omissions
Policy #986611318(Renters) was issued with an incorrect effective date of 10/14/2008@12:01am
Texas Department of Insurance investigated my complaint with the fact finding evidence provided and contacted Allstate in regards to this matter.
Allstate changed and/or acknowledged the ERROR and the effective date is being acknowledged as 10/13/2008@11:18am.
The City of Grand Prairie (Sewer Department) was dispatched on 10/13/2008@13:55 due to a water loss.
I Tameca Erving reported the claim to Allstate and was initially provided claim #0121338842@2:01pm as my claim number.
Toni Watkins whom is an Allstate adjuster closed claim #0121338842 in Allstate new system being integrated which timestamps the date/time of loss and manually created claim #6096347098 in Legacy(Allstate old system which they are migrating from) and entered the Date of Loss OF 10/13/2008 HOWEVER changed the loss time to 9:18am.
Kisha Jackson whom is in Allstate agent confirmed 11/30/2008@10:17am claim # 6096347098 Date of Loss time was changed to 9:18am.
Allstate failed to send an acknowledgment letter as it relates to claim #6096347098 and #0121338842 within 15 days.
Allstate associate Latasha Bowser, Christine Slater, Toni Watkins and David Thornsen advised me there was no coverage at the time of loss as it relates to claim DOL 10.13.2008. (0121338842 and 6096347098)
Allstate failed to provide reasonable notice > 30 days to inform the policy holder a request for specific additional information was needed to assist with their claims investigation as it relates to claim ending in -5935 and -4342.
Allstate failed to send a denial letter including the denial reason as it relates to claim #0121338842 and 6096347098).
Allstate reply to the Texas Department of Insurance on 12.1.2008 is documented that I Tameca Erving requested the Examination Under Oath.
Allstate reply to the Texas Department of Insurance is documented that I Tameca Erving purchased a Renters policy on 10.13.2008 and a Condo policy on 10.20.2008.
It is a fact the Final Proof of Loss as it relates to claim #01222025935 was faxed on 11.11.2008 and 11.12.2008.
It is a fact there was no request for specific additional information requested 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 as it relates to claim #012133842 and 0122024342.
In fact the timeframe as it relates to claim# 0121338842 and 0122024342 expired on 10/28/08 as the Date of Loss was 10/13/2008 and claim #0122024342 timeframe expired on 11/5/2008.
It is documented on 12.1.2008 correspondence to Attorney Micah Kessler the request for Proof of Loss was in fact faxed no 11.6.2008 which was after the timeframe expired as it relates to claim # 0121338842 and 0122024342.
Allstate issued Condo policy #986619613 representing there would be a policy conversion from a Renters policy on 10.20.2008@9:40am 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@12:01am.
Due to my signature not being affixed on the Condo application this confirms that I was not agreeance with the terms of the policy being issued on 10/21/2008@12:01am.
It is a documented fact 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 10.14.2008, thus substantiating the accusation that I was advised the Condo policy will become effective the date of issuance of the Renters policy.
It is a fact 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 10/21/2008@12:01am which technically and legally is fraud.
It is a fact the Personal Property amount on the Renters policy is 36,390 and consequently and coincidentally the Purchase Price as shown on the Condo application is shown as 36,960.
It is a documented fact that Allstate made an accusation that I misrepresented and/or concealed material facts that were privy to their agents when they issued an additional policy.
It is a fact the Sworn Proof of Loss as it relates to claim #01222025935 has interest as owner as it relates to 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 thus making any assertion NULL.
It is a fact the Dates of Loss are 10.13/ 10.20/ 10.21
It is documented that Allstate denied claim #01222025935 with the denial reason the Condo policy was not in force however the Condo application disclosed the EFFECTIVE date of issuance and/or conversion in fact was 10/14/2008, thus covering any losses as described in the contract thereafter although the correct date of issuance as previously established was 10/13/2008.
Allstate has in fact documented via written correspondence to Texas Department of Insurance that once they receive the requested information enclosed, including the signed transcript form the EUO, they will be able to make a decision with respect to the claims.
Additionally, the attorney Micah Kessler made the statement that he was not aware of any benefit derived from the investigation from the Texas Department of Insurance investigation as it relates to Allstate Claim Handling process however he is now aware as it is now documented fact finding evidence which firmly indicate 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 there business practices are deceptive as 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 evidence otherwise as found on www.ripoffreport.com and various other websites for consumers.
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 this is also considered an Unfair Claims Practice.
(Complaint evidence sent to 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 losses occurred. (Complaint evidence sent to Texas Department of Insurance dated 11.18.2008 received from Allstate)
3. Allstate failed to comply with Texas Department of Insurance directive on 12.23.2008 correspondence which demanded a reply before the Examination Under Oath which was 1.5.2009 however they maliciously defied the request and replied 1.6.2009 (Complaint evidence sent to the Texas Department of Insurance)
Allstate has not only breached our contract but also exudes no regard to be in compliance with the Texas Department of Insurance Codes which is an unethical business practice.
Status :The claims as it relates has not been resolved and it has been over 6 months.
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