Tonila Escobar v. Allstate Insurance Company
Published: Mar. 2, 2002 | Result Date: Jan. 14, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC222233 – $0
Facts
The plaintiff insured her 1996 Honda Accord with The Allstate Insurance Co. The policy excluded the plaintiffÆs
two adult sons. The plaintiff reported that on Christmas Eve, 1998, the Honda was stolen. The plaintiff told the
police officers that she had lent the vehicle to Maria Linares, a 35-year-old woman. The next day, the plaintiff
admitted that Maria Linares was her deceased grandmother and that she had lied to the police.
During the claim, the plaintiff advised the defendant insurance company that she had no idea who may have
taken her car. The plaintiff underwent a polygraph examination administered by the authorities. After being
told that she had failed the examination, she finally admitted to the officer that, on the night of the incident, she
had telephoned her son in the belief that he was the person who had taken the car. The plaintiff also gave the
insurance company other information that turned out to be false, including her use of the Honda, her use of her
other car, the whereabouts of her children on the night of the loss, and where her son lived.
The defendant denied the plaintiffÆs claim because of her intentional and material misrepresentations to it.
Settlement Discussions
The plaintiff initially submitted a demand of $100,000, reducing it in stages to $70,000, to $35,000 and finally $10,000. Allstate made no offer other than a waiver of costs.
Damages
The plaintiff sought the $13,535 value of the car, together with interest, attorneyÆs fees, emotional distress damages and punitive damages.
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