Mississippi Personal Injury Lawyers Fighting For You

Allstate Doesn’t Really Protect You from Mayhem, At Least not Raccoons!

On Behalf of | Apr 20, 2012 | Bad Faith Insurance

Raccoons 1

Allstate Policy Holder 0

Although this should come as no surprise to anyone who has had the great misfortune to be forced to file a claim with them (at least 100,000 Coast resident from Katrina agree with me on this regardless of political partisan), that despite its commercial to the contrary, Allstate a/k/a Allsnake is refusing to cover a claim in Mississippi for damages due to a raccoon infestation. I guess Allstate itself is the cut rate company, just with 5 times the premiums.

A family of raccoons nested up in my client’s (from Madison County) attic and did exactly what a raccoon does-destroyed the place and defecated everywhere. P.S., this is JUST LIKE THE COMMERCIAL! My client called her Brandon, MS agent as she thinks she has coverage since this exact issue is featured in Allstate Mayhem commercial. (See Video Link Below). But, instead of getting the “good hands” of its neighbor, she gets the full force of a punch to the stomach and a denial of her claim.

Allstate sent her a denial letter refusing to pay for (1) removal and replacement of “contaminated” insulation and (2) cleanup of the mess caused by raccoons in her attic because Allstate says there is the following exclusion language:

“Losses We Do Not Cover under Coverages A & B: Vapors, Fumes, acids, toxic chemicals, toxic gages, toxic liquids, toxic solids, waste materials or other irritants, contaminants or pollutants.”

All they were willing to pay for was the elimination of the animals and repairing the fan where the raccoon(s) entered. The insurance company denied the rest of the work based on the fact that the policy does not cover toxic fumes, which is totally bogus.

Are you serious????? When she first contacted me, I thought I remembered a “Mayhem” commercial involving raccoons!!! And here’s the damn commercial!!! https://www.youtube.com/watch?v=thzUR_mq6OY

Pollution exclusion, for Raccoon waste and damage. REALLY, ALLSNAKE, REALLY? Needless to say, a lawsuit was immediately filed for insurance bad faith denial, breach of contract, deceptive and misleading advertising, etc.!

If you or someone you know has been denied by Allstate or any other company for raccoon damage, please contact the lawyers at Kilpatrick & Philley, PLLC at 601-707-4669.