MARTINSBURG – A trial has been scheduled in a lawsuit against Allstate over allegations of breach of contract for denying a water damage claim.
A trial is scheduled for Aug. 31, 2021, and a final pretrial conference is scheduled for Aug. 20, 2021. Discovery must be completed by April 1, 2021, and expert disclosures are to be completed by Nov. 2, 2020, and Dec. 2, 2020, depending on if they are with or without burden.
Pertaining to the pretrial conference, U.S. District Court for the Northern District of West Virginia Judge Gina Groh said the conference shall be attended by lead trial counsel for each represented party and all unrepresented parties. She noted in the scheduling order that counsel shall be prepared to participate fully and to discuss all aspects of the case as well as the matters set forth in the joint pretrial order.
"At least one attorney for each party and all unrepresented parties participating in the pretrial conference, or any conference before trial, shall have authority to make decisions as to settlement, stipulations and admissions on all matters that participants reasonably anticipate may be discussed," Groh wrote. "Counsel and parties are subject to sanctions for failure to comply with this requirement and for lack of preparation as specified in LR Civ P 37.01 and Fed. R. Civ. P. 16(f) respecting pretrial conferences or orders."
Mediation should be held on or before April 30, 2021.
The lawsuit was filed against Allstate Property and Casualty Insurance Co., Timothy Matthews, Sandra Burns, Lance Dore and 10 unknown, unnamed individuals in Berkeley Circuit Court in September. It was removed to U.S. District Court for the Northern District of West Virginia at Martinsburg in October.
Michael Nassif, Kim Nassif and Matthew Nassif allege in the suit that Allstate improperly denied a water damage claim.
Michael Nassif claims he called Allstate on Aug. 7 after he noticed water damage from a refrigerator leak, but it denied the claim before even coming out to look at the damage.
After telling Allstate it had an obligation to inspect the damage, it allegedly sent an independent investigator to the Nassif home, who did not find any mold and confirmed the water damage was from the refrigerator.
The Nassifs claim Allstate again denied the claim and said mold was found, even though the report from the contractor specified no mold was found.
Several days later, the Nassifs appealed the denial and Allstate again agreed to send out someone to inspect the damage, but this time, as it had been 10 days since the leak occurred, mold was present and Allstate denied the claim again, according to the suit.
The Nassifs claim they continued to fight the denial before finally filing the claim against Allstate in Berkeley Circuit Court.
The defendants breached their contract with the Nassifs, they allege in the suit.
The Nassifs are seeking compensatory and punitive damages with pre- and post-judgment interest and for Allstate to provide full coverage under their policy for the damages. They are represented by Laura C. Davis of the Skinner Law Firm.
U.S. District Court for the Northern District of West Virginia case number 3:19-cv-00171