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Complaint
1, The plaintiff, Robert Dale Clements, is an adult individual residing at
25 North East Street, Apartment 4, Carlisle, Cumberland County,
Pennsylvania.
2, The Defendant, Allstate Insurance Company, is a corporation licensed
to do business in the Commonwealth of Pennsylvania, with offices
located throughout the Commonwealth of Pennsylvania and with a
sales office located at 144 Camp Hill Mall, Camp Hill, Cumberland
County, Pennsylvania,
3, On September 20, 1995, the plaintiff was involved in a motor vehicle
accident while driving a motor vehicle insured with defendant
Allstate.
4, There was a policy of insurance in effect at the time of accident, with
Allstate Insurance Company bearing policy number 0 77 980163, The
contract provided liability coverage in the amount of $15,000,00 per
person and $30,000,00 per accident, and property damage coverage in
the amount of $10,000.00,
5, On the date of the aforesaid accident, the plaintiff was the owner of a
1986 Ford Ranger, serial number 1 FfCRllA7GUB04858, which was
insured with Allstate Insurance Company.
6, The aforesaid policy of insurance, provided for a legal defense for
Robert Clements in addition to indemnity protection,
7, By letter dated September 25, 1995, the defendant informed the plaintiff
that they disclaim and deny any and all liability or obligation to the
plaintiff or others under the aforesaid policy and that Allstate would
take no further action with respect to any claim which you have
against it or with respect to any claim or suit against you which had
arisen or which may arise out the said accident and hereby withdraws
from the matter entirely,
8, As a result of the accident, a lawsuit was filed against the insured,
9, Allstate wrongfully denied a defense to the plaintiff under his
automobile policy with the insured
10, Allstate did fraudulently, knowingly and intentionally misrepresent
and deceive Robert Dale Clements with respect to the availability of
coverage under his policy of insurance,
11, Allstate has frivolously and with no foundation for their actions has
refused to pay proceeds under their policy of insurance and provide a
defense in accordance with the terms of the policy,
12. Final judgment in the amount of $5,666.89 has been entered against
Robert Clements in the captioned action docketed In the Court of
Common Pleas of Cumberland County, Pennsylvania, in the amount
of $5,666,89, plus costs of defense,
13. The bad faith conduct of Allstate gives rise to a cause of action pursuant
to 42 Pa, C.S,A. ~8371.
14, The defendant failed to promptly and completely investigate all claims
arising under the aforementioned contract of insurance, by reason of
the aforesaid incident.
15, The defendant refused to provide coverage and a defense to Robert
Clements pursuant to his contract of insurance,
16, The defendant did not act in good faith to effectuate prompt, fair and
equitable settlement of claims, knowing that liability is clear and
coverage applies, and as a result, the plaintiff has been forced to incur
expense to protect his interests,
17. The defendant failed to promptly provide a factually sound
explanation for the basis of denial in the insurance policy in relation to
the facts or applicable law for denial of the claim or for the offer of a
compromise settlement,
18, The defendant has willfully, maliciously and/or recklessly withheld
benefits from the plaintiff, due to its failure to investigate the claim
thoroughly which constitutes a breach of an implied covenant.
19. The defendant, in bad faith, has denied payment on behalf of its
insured without a legal basis for its denial and in not fully inquiring
into the possible basis which might support the insured's claim of
coverage and defense,
20, Allstate has deliberately acted in conscious disregard and with
indifference to the rights of their insured,
21, The defendant Impliedly and/or expressly warranted that It would, In
good faith, provide Insurance coverage to Robert Clements in
accordance with the contract and abide by the terms of said contract,
22, As a result of the aforesaid, the defendant breached ilscontract and/or
warranty, which breach resulted in monetary loss to the plaintiff, as
well as aggravation, inconvenience and emotional distress,
~Q~~tted,
William p, Douglas, Es
Attorney for PlaintiC
23, The plaintiff hereby requests all remedial relief as provided in 42 Pa,
C.S,A, ~8371 and payment in full of the underlying judgment.
Wherefore it is prayed t/lat judgment be entered ill favor of ti,e plaintiff and
against the defendant in an amount in excess of that requiring compulsory
referral to arbitration, A jury trial is hereby demanded,
Amended Complaint
1. The plaintiff, Robert Dale Clements, Is an adult Individual residing at
25 North East Street, Apartment 4, Carlisle, Cumberland County,
Pennsylvania,
2, The Defendant, Allstate Insurance Company, Is a corporation licensed
to do business In the Commonwealth of Pennsylvania, with offices
located throughout the Commonwealth of Pennsylvania and with a
sales office located at 144 Camp Hill Mall, Camp Hill, Cumberland
County, Pennsylvania,
3, On September 20, 1995, the plaintiff was Involved In a motor vehicle
accident while driving a motor vehicle Insured with defendant
Allstate.
4, There was a policy of Insurance In effect at the time of accident, with
Allstate Insurance Company bearing polley number 0 77 980163, The
contract provided liability coverage in the amount of $15,000,00 per
person and $30,000,00 per accident, and property damage coverage In
the amount of $10,000,00,
5, On the date of the aforesaid accident, the plaintiff was the owner of a
1986 Ford Ranger, serial number lFI'CRIIA7GUB04858, which was
insured with Allstate Insurance Company,
6, The aforesaid policy of insurance, provided for a legal defense for
Robert Clements in addition to indemnity protection,
7, By letter dated September 25, 1995, the defendant informed the plaintiff
that they disclaim and deny any and all liability or obligation to the
plaintiff or others under the aforesaid policy and that Allstate would
take no further action with respect to any claim which you have
against It or with respect to any claim or suit against you which had
arisen or which may arise out the said accident and hereby withdraws
from the matter entirely,
8. As a result of the accident, a lawsuit was filed against the insured,
9, Allstate wrongfully denied a defense to the plaintiff under his
automobile polley with the insured
10, Allstate did fraudulently, knowingly and intentionally misrepresent
and deceive Robert Dale Clements with respect to the availability of
coverage under his policy of insurance.
,..
11, Allstate has frivolously and with no foundation for their actions has
refused to pay proceeds under their policy of insurance and provide a
defense in accordance with the terms of the policy.
12, Final judgment in the amount of $5,666.89 has been entered against
Robert Clements in the captioned action docketed in the Court of
Common Pleas of Cumberland County, Pennsylvania, in the amount
of $5,666.89, plus costs of defense.
13, The bad faith conduct of Allstate gives rise to a cause of action pursuant
to 42 Pa, C.S.A. ~8371.
14, The defendant failed to promptly and completely investigate all claims
arising under the aforementioned contract of insurance, by reason of
the aforesaid incident,
15, The defendant refused to provide coverage and a defense to Robert
Clements pursuant to his contract of insurance,
16, The defendant did not act in good faith to effectuate prompt, fair and
equitable settlement of claims, knowing that liability is clear and
coverage applies, and as a result, the plaintiff has been forced to incur
expense to protect his interests,
17. The defendant failed to promptly provide a factually sound
explanation for the basis of denial in the insurance policy in relation to
the facts or applicable law for denial of the claim or for the offer of a
compromise settlement,
18, The defendant has willfully, maliciously and/or recklessly withheld
benefits from the plaintiff, due to its failure to investigate the claim
thoroughly which constitutes a breach of an implied covenant.
19. The plaintiff's additional losses, subject to the terms and limits of his
policy, include but are not limited to:
a) income loss (8 weeks) 4,169.44
b) defense a ttorney fee 295.00
c) interest on judgment
d) settlement of claim 505.00
e) Property damage 1,425.00
0 rental coverage 18,250,00
g) medical expenses
..
...
Commonwealth of Pennsylvania
County of Cumberland
Robert Dale Clerrents
29 North East St., Apt. 4
Carlisle, PA 17013
no
Court oC Commoll PIea5
Allstate Insurance Ca'rpany
2775 Sanders M., Ste. 87
Northbrook, IL 60062
~o. --~7~~61-_______JCiviJL_~.____ 19____
III ___JCiviJL AM-;nn .::..lallZ.___________________
To ----AU~.!;.qt~_Jll!21.113\J1W__~_________
You a,." he,."by notified tha t
.-----------~~JQaJJt_Cl~t~____________________________________________________________
the PlainriCC has commenced an action in --Civil.~isln_:__1i:l'd.__n____________________________
again.t you which you a,." requi,."d to defend or a deCault judgment may be ente,."d against you.
(SEAL)
.---__lawrence..E.. WI> l1<er..____________________
Prothonotary
Date -_.______oJ1.1n~.2.1_____________ 19_9.7.
By ------~~~~p~tY~-~~.----_.--
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