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Tomlinson v. Allstate Insurance



The federal Louisiana Katrina insurance lawsuit was dropped right before it went to the jury, presumably in a walk-away settlement to avoid sanctions after it was revealed that the plaintiff couple (the wife of which is a lawyer) triple-dipped a damages claim by (1) having Allstate pay for a lease for living expenses (2) that the Tomlinsons also sought as "damages" (3) even though the rent was paid to themselves because they owned the rental property. The couple was forced to resort to the implausible argument that fraud doesn't nullify an entire claim for insurance damages, though the contract says otherwise. David Rossmiller has a more complete report (including the briefs). Full AP coverage is more complete than the version printed in the Chicago Tribune that Rossmiller linked to; the published version only hints at the problem.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.