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The Ballard Allison case and the reality of mold claims



See the full video at https://rumble.com/vp2tmg-the-ballard-allison-case-and-the-reality-of-mold-claims.html?mref= 23gga & mrefc = 2 and at https://youtu.be/0Rp5VFcPBF4

The fear of mold claims was created in the insurance industry by the court's decision in Ballard v. Fire Insurance Exchange [19459096] No. 9 -05232 (Texas District Court, Travis County, June 1, 2001), cited in Jury Awards: $ 32 million to Texas Homeowner in Mold Coverage Action, 6, No. 12, Mealey & # 39 ;s Emerging Insurance Disputes 11 (Junee) 20, 2001 and "What Coverage Attorneys Need to Know About Mold, " Tort and Insurance Practice Law Journal, Fall 2002 (38: 1), at page 45). The fear was mostly misplaced. The verdict was the result of poor damage management. Nearly the entire $ 32 million verdict was non-appealing.

Texas Court of Appeals, Third District, of Austin, changed much of the Court's opinion in Ronald Allison / Fire Insurance Exchange v. Fire Insurance Exchange, member of Farmers Insurance Group / Mary Melinda Ballard and Ronald Allison, et. al 98 S.W.3d 227 (2002), and explained the factual background that resulted in an unfair and excessive judgment against the Fire Insurance Exchange (FIE). The Court of Appeal describes the evidence presented at the trial in detail that is necessary to understand the decision.

Although the judgment in the trial Ballard Allison was considered a "formal" case, it was, in fact, a tort case. The jury was offended by the admission that the adjuster, McConnell, lied to the insured and decided to punish them with excessive criminal damages.

To avoid such a complicated insurance claim as this, FIE should have followed correct claims. management protocol. The trial, and the outcome of the trial, could have been avoided if it followed claims handling in good faith and if the claims adjuster did not testify that she lied to the insured. [Completediscussiononinsuranceclaims see Zalma on insurance claims or Compact Book of Adjusting Property Claims or The Compact Book of Claims [08] available as paperbacks or Kindle books on ] http://zalma.com/blog/insurance-claims-library/ ]

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