NO._______________

DONALD L. THOMPSON,                              IN THE __________ DISTRICT COURT ,
Plaintiff

Vs.                                                                      IN AND FOR  EL PASO COUNTY, TEXAS                       

ALLSTATE INSURANCE COMPANY
and ROBERT WILSON
Defendants.                                                           

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

          Comes Now DONALD L. THOMPSON, Plaintiff, complaining of ALLSTATE INSURANCE COMPANY and ROBERT WILSON, Defendants, and for cause of action shows the following:

I.

          Plaintiff is an individual residing in Potter County, Texas. Defendant ALLSTATE INSURANCE COMPANY is a Illinois corporation, duly authorized to do business in this State and may be served with citation herein by serving Xilly McElroy its registered agent for service of citation at 222 West Las Colinas Blvd., Irving, Texas 75039. Defendant ROBERT WILSON, is an individual residing in Randall County, Texas and may be served with citation by serving him at 4227 Erik Ave., Amarillo, Texas.

II.

          Venue is proper in the county of suit under Texas Civil Practices and Remedies Code S15.037, as Defendant ALLSTATE has a representative or agent in the county of suit.

III.

          Prior to the date of Plaintiff's alleged loss, Defendant ALLSTATE, by and through its agent, issued an insurance policy naming Plaintiff as the insured and insuring the Plaintiff's premises located at 4005 N.E. 17th Street, Amarillo, Texas against loss by fire, among other things for a period beginning October 2, 1991 to October 2, 1992. Pursuant to the terms of the policy, Plaintiff had insurance protection up to $47,000.00 for any loss resulting from damage to the building insured. The insurance policy, being numbered by Defendant ALLSTATE as Policy number 216719784, a true and correct copy of which is attached as Exhibit "A" and incorporated by reference as if fully copied and set forth at length. The policy was at all times material to this action in full force and effect.

IV.

          On November 26, 1991, the building insured by Defendant ALLSTATE sustained damage as a result of a fire. The reasonable and necessary cost of repairing the damaged property is $30,000.00.

V.

          Despite the fact that all conditions precedent to Plaintiff's recovery have been performed or have occurred, Defendant ALLSTATE has failed and refused to pay Plaintiff in accordance with its contract obligation. Defendant ALLSTATE has failed to state a valid reason for its denial of liability under Plaintiff's policy of insurance.

VI.

          Defendant ALLSTATE delayed payment of Plaintiff's claim for more than 60 days after it received all required and requested items, statements, and forms. Therefore, Plaintiff is entitled to recover from Defendant ALLSTATE the additional sum of 18 percent per year of the amount payable under the policy.

VII.

          Because Plaintiff is a person entitled to make a direct claim under the terms of the policy issued by Defendant ALLSTATE and because the claim submitted by Plaintiff for damage to the insured property by fire is covered under the terms of the policy issued by Defendant ALLSTATE's claim representative, owed Plaintiff duties of good faith and fair dealing with respect to Plaintiff's claim. Defendants breached those duties by refusing to pay benefits due when Defendants knew or should have known that there was no reasonable basis for denial.

VIII.

          In particular, the conduct of the Defendants was tortuous in that, among other things, Defendant ALLSTATE, by and through Defendant WILSON, denied the claim for the damage to the Plaintiff's property on the grounds that the fire was started intentionally by the Plaintiff without a complete and full investigation of the facts.

IX.

          As a proximate result of the tortuous conduct of the Defendants, Plaintiff has suffered not only the loss of the sums due and owing under the policy, but also severe mental anguish and loss of the insured property through foreclosure, all in an amount within the jurisdictional limits of this Court.

X.

          Furthermore, the conduct of the Defendants was malicious, fraudulent, or done with actual conscious indifference to the rights, safety, or welfare of Plaintiff so as to entitle Plaintiff to an amount for exemplary damages in an amount to be determined by the trier of fact.

         WHEREFORE, Plaintiff requests that Defendants be cited to appear and answer, and that on final  trial of this cause, Plaintiff recover from the Defendants, jointly and severally;

     1. Actual damages payable under the insurance policy made the basis of this suit;

     2. Pre-judgment interest at the lawful rate until the date of judgment;

     3. The statutory penalty for Defendant ALLSTATE'S failure to comply with the prompt         payment provisions of Article 21-55 of the Insurance Code;

     4. Interest on the judgment from the date of judgment until paid;

     5. Exemplary damages for the willful misconduct of the Defendants;

     6. Costs of suit; and

     7. Such other and further relief to which Plaintiff may show himself justly entitled.

                                                                           Respectfully submitted,

                                                                               DONALD L. THOMPSON, PRO-SE

I filed this in District Court and it was assigned to County Court at Law No. One, then to County Court at Law No. Two, where it is now.

 

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