How many people pay for insurance, year after year, and nothing happens except paying premiums? That was the case for Eva Mallek. Then about 20 years after she bought the insurance, she burned. Allstate claimed there was no coverage because she was not living in the home at the time of the fire. Mallet said she never received a copy of the policy and was unaware of the requirement.
Eva Mallet, who did not even submit a letter to the Court of Appeal, won. Allstate could not prove they ever delivered a copy of the policy. The federal appeals court ruled for her, finding:1
As to Allstate̵
7;s second substantive argument, the district court properly granted summary judgment to Mallek because Allstate did not present any evidence on summary judgment to rebut Mallek’s sworn testimony that Allstate did not provide her with a copy of the Standard Homeowners Policy prior to her loss… . Even considering Allstate’s response to the order to show cause, it still has not presented any evidence to establish a genuine dispute of material fact. Allstate argued that it expected one of its employees to testify at trial that, according to Allstate’s business records, the Standard Homeowners Policy was sent to Mallek in 1996. But Allstate did not submit an affidavit from its employee to support that claim…
I wonder if Allstate will advertise how it treated Eva Mallek so others can know what to expect if they buy insurance from Allstate.
Today’s thought
Advertising is legalized to lie.
—HG Wells
1 Mallek v. Allstate Ins. Co.No. 22-86, 2023 WL 3513783 (2d Cir. May 18, 2023).
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