Preview
FILED
4/22/2024 2:08 PM
JOHN F. WARREN
COUNTY CLERK
DALLAS COUNTY
CC-24-03065-C
CAUSE NO.
RAMONA DAVIS, § IN THE COUNTY COURT
Plaintiff, §
§
V. § AT LAW N O.
§
ALLSTATE INSURANCE COMPANY §
and DEWANDA OWENS, §
§
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE 0F SAID COURT:
COMES NOW, Ramona Davis (hereinafter “Plaintiff’) complaining of and against
Allstate Insurance Company, and Dewanda Owens (collectively “Defendants”) and would
respectfully show unto the Court as follows:
This is a case for Under-insured Motorist benefits against Defendant Allstate Insurance
Company, which has refused to fairly evaluate Plaintiff s Under-insured Motorist bodily injury
claim. Defendant Dewanda Owens has added insult to Plaintiffs injuries by denying under-
insured motorist benefits when Plaintiff’s underlying medical expenses exceed the third-party
limits and in a case with significant injuries. Plaintiff will further ask for a finding that
Defendants acted in bad faith under the Texas Insurance Code and therefore owe damages to
Plaintiff for their bad faith acts.
I. DISCOVERY CONTROL PLAN LEVEL
Plaintiff seeks damages in an amount that is within the jurisdictional limits of the Court
and monetary compensation over $250,000 but less than $1,000,000. Plaintiff intends to conduct
discovery under Level 2 of Texas Rule of Civil Procedure 190.2.
II. PARTIES AND SERVICE
PLAINTIFF’S ORIGINAL PETITION
Page 1 of 10
Plaintiff, RAMONA DAVIS, is an individual who is a resident of Texas.
Defendant, DEWANDA OWENS, is an employee/insurance adjuster of Allstate
Insurance Company and may be served with process through Allstate’s registered agent, CT
CORPORATION SYSTEM located at 1999 Bryan St. Ste. 900, Dallas, Texas 75201. Issuance
of Citation is requested at this time.
Defendant, ALLSTATE INSURANCE COMPANY, is a company doing business in
Texas and can be served by serving its registered agent CT CORPORATION SYSTEM located
at 1999 Bryan St. Ste. 900, Dallas, Texas 75201. Issuance of Citation is requested at this time.
III. JURISDICTION AND VENUE
The Court has jurisdiction over the subject matter, and the amount in controversy is
within the jurisdictional limits of this court. Venue in Dallas County is proper in this cause
because the events of the incident took place in Dallas, County.
IV. FA_CTS
On or about July 29, 2020, Ms. Davis was hit by third party Regina Englutt when she
failed to yield the right of way. The crash was the proximate cause of the injuries and damages
complained of by the Plaintiff in this suit.
Tortfeasor Englutt’s bodily injury liability insurance was exhausted when the third-party
insurance paid Plaintiff the policy limits. Luckily however, Plaintiff paid extra premiums for
insurance coverage to protect herself from injuries caused by Under-insured motorists.
Unfortunately, Plaintiff was insured by Defendant Allstate which has recently chosen to employ
bad faith practices developed in response to the Texas Supreme Court’s decision in Brainard as
an excuse to deny or underpay claims until its insureds hire an attorney, go through litigation,
and secure a judgment against Defendant Allstate before it will fairly pay on a claim. This is
despite the fact that the Texas Supreme Court undid much of the damage caused by Brainard by
PLAINTIFF’S ORIGINAL PETITION
Page 2 of 10
allowing the recovery of attorney’s fees on declaratory actions involving Under-insured motorist
claims Within its Allstate v. Irwin decision. This result has led to an increase in outstanding
claims and has frustrated the people who wish to see Defendant Allstate act ethically and in good
faith.
In October of 2022, Allstate received notice that the policy limits of the third party
tortfeasor was exhausted by Plaintiff. All documentation was sent to Allstate. Following this
correspondence, in order to make a claim for her Under-insured Motorist benefits, Plaintiff
diligently submitted an under-insured motorist demand along with her medical bills and medical
records to Defendant Allstate on October 24, 2022. In response, Defendant Allstate and its
adjuster, Defendant Owens, acknowledged receipt of the demand.
Defendant Owens and Defendant Allstate were presented with a demand that outlined the
physical damages suffered by Plaintiff along with other damages such as physical pain and
mental anguish. Despite such, economic damages in excess of the underlying $30,000.00 policy
Defendant Owens and Allstate denied the claim on November 30, 2022, stating that Plaintiff had
been fully compensated for the loss.
This was a bad faith denial that did not reflect the value of Plaintiff‘s losses following her
injuries, but instead was a type of gamesmanship “denial” that insurance companies like to make
due to the lack of consequence they often see for employing those practices, since it forces
Plaintiff to hire an attorney and bring them into a lawsuit. This lawsuit is filed as a result of that
bad faith “offer”/”denial”.
Tortfeasor Englutt was “Under-insured” as defined by the Defendant’s Automobile
policy owned by Plaintiff and issued by Defendant Allstate. Plaintiff was protected against such
a loss by the policy of insurance issued by Defendant Allstate, under policy number 629 319 436
(hereinafter “Policy”), which was in effect on the date of the loss.
PLAINTIFF’S ORIGINAL PETITION
Page 3 of 10
Plaintiff timely and properly notified Defendant Allstate of the incident, and informed
Defendant Allstate of her intention to bring a claim under the Under-insured Motorist benefits of
the Policy. Plaintiff would show that the Policy, issued by Defendant Allstate to Plaintiff had
Under-insured Motorist coverage. Plaintiff has fully complied with all conditions of the Policy
prior to bringing this lawsuit. A11 conditions precedent to receiving benefits under the Policy
have been performed by Plaintiff or have occurred. Nevertheless, Defendant Allstate and
Defendant Owens have failed, refused, and continue to fail and refuse to pay Plaintiff s
reasonable benefits under the Policy as is contractually, and otherwise, legally required to do.
Plaintiff hereby seeks recovery for her injuries under her Under-insured motorist coverage.
Plaintiff seeks recovery against Defendants jointly and severally
V. CLAIlVIS AGAINST DEFENDANT ALLSTATE AND CYNTHIA OWENS
The facts giving rise to Plaintiffs claims in this case are not the collision itself, but rather
the Defendants’ actions and violations of §541 et. seq. and §542, et. seq. Of the Texas Insurance
Code, including these specific violations:
VIOLATION OF §541.060(a)(2): Defendant Owens is required by the Texas
Insurance Code §541.06O (a)(2) "to attempt in good faith to effectuate a prompt, fair, and
equitable settlement of a claim with respect to which the insurer's liability has become
reasonably clear."
Defendant Owens conducted a flawed and outcome-determinative investigation in order
to deny and/or delay payment under the Policy when liability became reasonably clear no later
than the date Defendant Owens received the original demand for payment under the Policy in
October of 2022.
PLAINTIFF’S ORIGINAL PETITION
Page 4 of 10
VIOLATION OF §541.060(a)(3): The letter authored by Defendant Owens violated
§541.060(a)(3) did not provide "a reasonable explanation of the basis in the policy, in relation to
the facts or applicable law" for the decision Defendant Owens made.
VIOLATION OF §541.060(a)(7): Defendant Owens violated §54l.060(a)(7) by
"refusing to pay a claim Without conducting a reasonable investigation with respect to the
claim."
VIOLATION OF §542.003(b)(3): Defendant Owens failed to adopt and/or implement
reasonable standards for the prompt investigation of claims arising under the insurer's policy.
VIOLATION OF §542.003(b)(4): Defendant Owens failed to attempt in good faith to
effict a prompt, fair, and equitable settlement ofPlaintiffs claim in which liability has become
reasonably clear.
VIOLATION OF §542.003(b)(5): Defendant Owens’s unfair claim settlement
practices compelled Plaintiff to institute a suit to recover an amount due under the policy by
offiring substantially less than the amount ultimately recovered in a suit brought by the
Plaintiff.
VIOLATION OF §542.057(a): Defendant Owens notified Plaintiff that Defendants
denied Plaintiffs claim but failed to do so on or before the fifih business day alter the
notification.
The foregoing violations were committed knowingly by the Defendants. The foregoing
violations were a producing cause of Plaintiffs damages.
RESPONDEAT SUPERIOR --
Defendant Owens was at all times in the course and scope
of Defendant’s employment and furthering the business of Defendant Allstate Insurance.
Therefore, based on the doctrine of Respondeat Superior, Defendant Allstate Insurance is liable
for the insurance code violations of Defendant Owens.
PLAINTIFF’S ORIGINAL PETITION
Page 5 of 10
VI. UNDERINSURED MOTORIST COVERAGE
Plaintiff had insurance coverage for injuries received from an automobile collision she
may suffer as a proximate result of a collision with an Under-insured driver. As stated above,
Englutt was “Under-insured” as defined by the Allstate Insurance policy owned by Plaintiff. The
Policy, which was issued and sold to Plaintiff by Defendant Allstate protected Plaintiff against
such a loss under her policy. Moreover, coverage was in effect on the date of the loss, and
Plaintiff was insured by Defendant for all losses incurred. Therefore, Plaintiff is entitled to
receive all benefits under said Policy.
Plaintiff asserts the claim under Texas Civil Practice and Remedies Code §37.001 et seq.
to have her rights, status, and other legal relationships under the Policy established by a Court of
competent jurisdiction. Plaintiff seeks a declaration from the Court.
VII. REQUEST FOR DECLARATORY JUDGMENT AGAINST DEFENDAN TS
PURSUANT TO CHAPTER 37 CPRC
On the date of the accident, Plaintiff was covered by an insurance policy issued by
Defendant, Allstate. This policy included coverage for uninsured/undefinsured motorists.
Plaintiff was a valid “covered person” under this policy. On or about July 29, 2020, Plaintiff was
involved in a motor vehicle accident in which the at fault driver was an underinsured motorist.
As a result of the accident caused by the negligence of the third-party tortfeasor Englutt, Plaintiff
incurred damages. Plaintiff is entitled to the benefits she purchased by way of her
Under/Uninsured Motorists policy.
Defendant was timely informed of the accident and that Plaintiff intended to claim under
uninsured/underinsured benefits. Defendant, Allstate, without valid reason, has refused to pay the
policy limits to the Plaintiff for damages resulting from the motor vehicle accident even though
liability was clear against Englutt, and expenses were reasonable and necessary. All conditions
PLAINTIFF’S ORIGINAL PETITION
Page 6 of 10
precedent have been performed or have occurred as required by Texas Rule of Civil Procedure
54.
Plaintiff brings this Declaratory Judgment action under Civil Practice & Remedies Code
Ch. 37 Uniform Declaratory Judgments Act to determine Plaintiff’s rights under the UM/UIM
insurance policy with Defendant. Plaintiff asserts claims under Texas Civil Practice and
Remedies Code 37.001, et seq. to have her rights, status, and other legal relationships under her
Insurance Policy purchased from Defendant established by a court of competent jurisdiction.
Plaintiff seeks a declaration from the Court that:
A. The negligence of Englutt was the proximate cause of bodily injuries and
damages to Plaintiff, which injuries include the following:
1. Reasonable and necessary health care expenses incurred in the past;
2. Reasonable and necessary health care expenses, which in all reasonable
probability, will be incurred in the future;
3. Lost wages in the past and loss of earning capacity in the future;
4. Physical pain and suffering in the past;
5. Physical pain and suffering which, in all reasonable probability, will be endured
in the future;
6. Mental anguish suffered in the past;
7. Mental anguish which, in all reasonable probability, will be suffered in the fi1t11re;
8. Physical impairment suffered in the past;
9. Physical impairment which, in all reasonable probability, will be suffered in the
future; and
10. Disfigurement
PLAINTIFF’S ORIGINAL PETITION
Page 7 of 10
B. Plaintiff claims underinsured motorist benefits under the policy with Defendant,
(hereafter the “Policy”) as a result of a car wreck that occurred on July 29, 2020, is covered
under the Policy;
C. Plaintiff also seeks a declaration determining the amount of underinsured motorist
benefits that she is entitled to recover from Defendant, after all applicable set-offs and credits,
for each of the following elements of damages covered under the Insurance Policy:
1. Reasonable and necessary health care expenses incurred in the past;
2. Reasonable and necessary health care expenses, which in all reasonable
probability, will be incurred in the future;
3. Lost wages in the past and loss of earning capacity in the future;
4. Physical pain and suffering in the past;
5. Physical pain and suffering which, in all reasonable probability, will be endured
in the future;
6. Mental anguish suffered in the past;
7. Mental anguish which, in all reasonable probability, will be suffered in the future;
8. Physical impairment suffered in the past;
9. Physical impairment which, in all reasonable probability, will be suffered in the
future; and
10. Disfigurement
Pursuant to §37.009 of the Texas Civil Practice and Remedies Code, Plaintiff seeks all
costs and reasonable and necessary attorneys’ fees, as are equitable and just, which are incurred,
or which may be incurred in this matter including all such fees and expenses:
a. For preparation and trial;
b. For an appeal to the Court of Appeals;
PLAINTIFF’S ORIGINAL PETITION
Page 8 of 10
c. For making or responding to an application for writ of error to the
Supreme Court of Texas; and
d. If application for writ of error is granted by the Supreme Court of Texas.
Plaintiff now asks the Court, pursuant to the Texas Declaratory Judgments Act §37.001
et. seq., for a declaration that her injuries and damages fall within the coverage of the Policy
issued by Defendant and for a declaration of his rights to such benefits and judgment against
Defendant.
VIII. DAMAGES AND ATTORNEY’S FEES
Plaintiff incorporates all prior paragraphs discussing Plaintiff’ s damages herein. Further,
as a result of the collision described above, Plaintiff was injured, causing physical pain, mental
anguish, physical impairment, and disfigurement in the past, all of which she will, in reasonable
probability, continue to suffer in the future. Due to the severity of Plaintiff’s injuries, Plaintiff
has been caused to incur medical and related health care expenses in the past and will, in
reasonable probability, continue to incur such expenses in the future. Plaintiff’s damages also
include lost wages and loss of earning capacity in the past and future.
By reason of the above and foregoing, Plaintiff has been damaged in a sum within the
jurisdictional limits of this Court. Pursuant to TEX. R. CIV. P. 47, Plaintiff seeks monetary relief
over $250,000.00, but not more than $1,000,000.00.
Pursuant to TEX. CIV. PRAC. & REM. CODE Ch. 37, Plaintiff seeks recovery of
reasonable and necessary attorneys' fees from Defendant Allstate, for which she hereby sues.
NOTICE OF INTENT
Plaintiff hereby gives notice of intent to utilize any and all items produced in discovery in
the trial of this matter and the authenticity of such items is self-proven per the Texas Rules of
Civil Procedure 193.7.
PLAINTIFF’S ORIGINAL PETITION
Page 9 of 10
U.S. LIFE TABLES
Notice is hereby given to Defendant that Plaintiff intends to use the U.S. Life Tables as
prepared by the Department of Health and Human Services.
VIII. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully asks that the
Defendants be cited to appear and answer and that upon a final hearing of the cause, judgment be
entered for the Plaintiff against Defendants for some or all of the following damages:
a) Under-Insured Policy Limits for past and future medical damages, lost wages,
pain and suffering, disfigurement, and impairment;
b) Costs of suit;
c) Prejudgment and post-judgment interest;
d) Attomeys’ Fees; and
e) All other and further relief, in law and in equity, to which she may be entitled.
Respectfiilly submitted,
Wolf Law, PLLC
By, W
Julie Wolf
U) OJQL/
U
Communication: ‘ulie wolflaw llc.com
E-Service: service@wolflawpllc.com
12222 Merit Dr., Suite 1200
Dallas, Texas 75251
Tel. (972) 338-4477
Fax. (972) 338-5044
Attorney for Plaintifl
PLAINTIFF’S ORIGINAL PETITION
Page 10 of 10
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Denisse Palacios on behalf of Julie Wolf
Bar No. 24051542
denisse@wolflawpllc.com
Envelope ID: 86918757
Filing Code Description: Ody - Original Petition (OCA - New Case Filed)
Filing Description:
Status as of 4/24/2024 4:27 PM CST
Associated Case Party: RAMONA DAVIS
Name BarNumber Email TimestampSubmitted Status
Julie Wolf service@wolflawpllc.com 4/22/2024 2:08:24 PM SENT
Preview
FILED 4/22/2024 2:08 PM JOHN F. WARREN COUNTY CLERK DALLAS COUNTY CC-24-03065-C CAUSE NO. RAMONA DAVIS, § IN THE COUNTY COURT Plaintiff, § § V. § AT LAW N O. § ALLSTATE INSURANCE COMPANY § and DEWANDA OWENS, § § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE 0F SAID COURT: COMES NOW, Ramona Davis (hereinafter “Plaintiff’) complaining of and against Allstate Insurance Company, and Dewanda Owens (collectively “Defendants”) and would respectfully show unto the Court as follows: This is a case for Under-insured Motorist benefits against Defendant Allstate Insurance Company, which has refused to fairly evaluate Plaintiff s Under-insured Motorist bodily injury claim. Defendant Dewanda Owens has added insult to Plaintiffs injuries by denying under- insured motorist benefits when Plaintiff’s underlying medical expenses exceed the third-party limits and in a case with significant injuries. Plaintiff will further ask for a finding that Defendants acted in bad faith under the Texas Insurance Code and therefore owe damages to Plaintiff for their bad faith acts. I. DISCOVERY CONTROL PLAN LEVEL Plaintiff seeks damages in an amount that is within the jurisdictional limits of the Court and monetary compensation over $250,000 but less than $1,000,000. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure 190.2. II. PARTIES AND SERVICE PLAINTIFF’S ORIGINAL PETITION Page 1 of 10 Plaintiff, RAMONA DAVIS, is an individual who is a resident of Texas. Defendant, DEWANDA OWENS, is an employee/insurance adjuster of Allstate Insurance Company and may be served with process through Allstate’s registered agent, CT CORPORATION SYSTEM located at 1999 Bryan St. Ste. 900, Dallas, Texas 75201. Issuance of Citation is requested at this time. Defendant, ALLSTATE INSURANCE COMPANY, is a company doing business in Texas and can be served by serving its registered agent CT CORPORATION SYSTEM located at 1999 Bryan St. Ste. 900, Dallas, Texas 75201. Issuance of Citation is requested at this time. III. JURISDICTION AND VENUE The Court has jurisdiction over the subject matter, and the amount in controversy is within the jurisdictional limits of this court. Venue in Dallas County is proper in this cause because the events of the incident took place in Dallas, County. IV. FA_CTS On or about July 29, 2020, Ms. Davis was hit by third party Regina Englutt when she failed to yield the right of way. The crash was the proximate cause of the injuries and damages complained of by the Plaintiff in this suit. Tortfeasor Englutt’s bodily injury liability insurance was exhausted when the third-party insurance paid Plaintiff the policy limits. Luckily however, Plaintiff paid extra premiums for insurance coverage to protect herself from injuries caused by Under-insured motorists. Unfortunately, Plaintiff was insured by Defendant Allstate which has recently chosen to employ bad faith practices developed in response to the Texas Supreme Court’s decision in Brainard as an excuse to deny or underpay claims until its insureds hire an attorney, go through litigation, and secure a judgment against Defendant Allstate before it will fairly pay on a claim. This is despite the fact that the Texas Supreme Court undid much of the damage caused by Brainard by PLAINTIFF’S ORIGINAL PETITION Page 2 of 10 allowing the recovery of attorney’s fees on declaratory actions involving Under-insured motorist claims Within its Allstate v. Irwin decision. This result has led to an increase in outstanding claims and has frustrated the people who wish to see Defendant Allstate act ethically and in good faith. In October of 2022, Allstate received notice that the policy limits of the third party tortfeasor was exhausted by Plaintiff. All documentation was sent to Allstate. Following this correspondence, in order to make a claim for her Under-insured Motorist benefits, Plaintiff diligently submitted an under-insured motorist demand along with her medical bills and medical records to Defendant Allstate on October 24, 2022. In response, Defendant Allstate and its adjuster, Defendant Owens, acknowledged receipt of the demand. Defendant Owens and Defendant Allstate were presented with a demand that outlined the physical damages suffered by Plaintiff along with other damages such as physical pain and mental anguish. Despite such, economic damages in excess of the underlying $30,000.00 policy Defendant Owens and Allstate denied the claim on November 30, 2022, stating that Plaintiff had been fully compensated for the loss. This was a bad faith denial that did not reflect the value of Plaintiff‘s losses following her injuries, but instead was a type of gamesmanship “denial” that insurance companies like to make due to the lack of consequence they often see for employing those practices, since it forces Plaintiff to hire an attorney and bring them into a lawsuit. This lawsuit is filed as a result of that bad faith “offer”/”denial”. Tortfeasor Englutt was “Under-insured” as defined by the Defendant’s Automobile policy owned by Plaintiff and issued by Defendant Allstate. Plaintiff was protected against such a loss by the policy of insurance issued by Defendant Allstate, under policy number 629 319 436 (hereinafter “Policy”), which was in effect on the date of the loss. PLAINTIFF’S ORIGINAL PETITION Page 3 of 10 Plaintiff timely and properly notified Defendant Allstate of the incident, and informed Defendant Allstate of her intention to bring a claim under the Under-insured Motorist benefits of the Policy. Plaintiff would show that the Policy, issued by Defendant Allstate to Plaintiff had Under-insured Motorist coverage. Plaintiff has fully complied with all conditions of the Policy prior to bringing this lawsuit. A11 conditions precedent to receiving benefits under the Policy have been performed by Plaintiff or have occurred. Nevertheless, Defendant Allstate and Defendant Owens have failed, refused, and continue to fail and refuse to pay Plaintiff s reasonable benefits under the Policy as is contractually, and otherwise, legally required to do. Plaintiff hereby seeks recovery for her injuries under her Under-insured motorist coverage. Plaintiff seeks recovery against Defendants jointly and severally V. CLAIlVIS AGAINST DEFENDANT ALLSTATE AND CYNTHIA OWENS The facts giving rise to Plaintiffs claims in this case are not the collision itself, but rather the Defendants’ actions and violations of §541 et. seq. and §542, et. seq. Of the Texas Insurance Code, including these specific violations: VIOLATION OF §541.060(a)(2): Defendant Owens is required by the Texas Insurance Code §541.06O (a)(2) "to attempt in good faith to effectuate a prompt, fair, and equitable settlement of a claim with respect to which the insurer's liability has become reasonably clear." Defendant Owens conducted a flawed and outcome-determinative investigation in order to deny and/or delay payment under the Policy when liability became reasonably clear no later than the date Defendant Owens received the original demand for payment under the Policy in October of 2022. PLAINTIFF’S ORIGINAL PETITION Page 4 of 10 VIOLATION OF §541.060(a)(3): The letter authored by Defendant Owens violated §541.060(a)(3) did not provide "a reasonable explanation of the basis in the policy, in relation to the facts or applicable law" for the decision Defendant Owens made. VIOLATION OF §541.060(a)(7): Defendant Owens violated §54l.060(a)(7) by "refusing to pay a claim Without conducting a reasonable investigation with respect to the claim." VIOLATION OF §542.003(b)(3): Defendant Owens failed to adopt and/or implement reasonable standards for the prompt investigation of claims arising under the insurer's policy. VIOLATION OF §542.003(b)(4): Defendant Owens failed to attempt in good faith to effict a prompt, fair, and equitable settlement ofPlaintiffs claim in which liability has become reasonably clear. VIOLATION OF §542.003(b)(5): Defendant Owens’s unfair claim settlement practices compelled Plaintiff to institute a suit to recover an amount due under the policy by offiring substantially less than the amount ultimately recovered in a suit brought by the Plaintiff. VIOLATION OF §542.057(a): Defendant Owens notified Plaintiff that Defendants denied Plaintiffs claim but failed to do so on or before the fifih business day alter the notification. The foregoing violations were committed knowingly by the Defendants. The foregoing violations were a producing cause of Plaintiffs damages. RESPONDEAT SUPERIOR -- Defendant Owens was at all times in the course and scope of Defendant’s employment and furthering the business of Defendant Allstate Insurance. Therefore, based on the doctrine of Respondeat Superior, Defendant Allstate Insurance is liable for the insurance code violations of Defendant Owens. PLAINTIFF’S ORIGINAL PETITION Page 5 of 10 VI. UNDERINSURED MOTORIST COVERAGE Plaintiff had insurance coverage for injuries received from an automobile collision she may suffer as a proximate result of a collision with an Under-insured driver. As stated above, Englutt was “Under-insured” as defined by the Allstate Insurance policy owned by Plaintiff. The Policy, which was issued and sold to Plaintiff by Defendant Allstate protected Plaintiff against such a loss under her policy. Moreover, coverage was in effect on the date of the loss, and Plaintiff was insured by Defendant for all losses incurred. Therefore, Plaintiff is entitled to receive all benefits under said Policy. Plaintiff asserts the claim under Texas Civil Practice and Remedies Code §37.001 et seq. to have her rights, status, and other legal relationships under the Policy established by a Court of competent jurisdiction. Plaintiff seeks a declaration from the Court. VII. REQUEST FOR DECLARATORY JUDGMENT AGAINST DEFENDAN TS PURSUANT TO CHAPTER 37 CPRC On the date of the accident, Plaintiff was covered by an insurance policy issued by Defendant, Allstate. This policy included coverage for uninsured/undefinsured motorists. Plaintiff was a valid “covered person” under this policy. On or about July 29, 2020, Plaintiff was involved in a motor vehicle accident in which the at fault driver was an underinsured motorist. As a result of the accident caused by the negligence of the third-party tortfeasor Englutt, Plaintiff incurred damages. Plaintiff is entitled to the benefits she purchased by way of her Under/Uninsured Motorists policy. Defendant was timely informed of the accident and that Plaintiff intended to claim under uninsured/underinsured benefits. Defendant, Allstate, without valid reason, has refused to pay the policy limits to the Plaintiff for damages resulting from the motor vehicle accident even though liability was clear against Englutt, and expenses were reasonable and necessary. All conditions PLAINTIFF’S ORIGINAL PETITION Page 6 of 10 precedent have been performed or have occurred as required by Texas Rule of Civil Procedure 54. Plaintiff brings this Declaratory Judgment action under Civil Practice & Remedies Code Ch. 37 Uniform Declaratory Judgments Act to determine Plaintiff’s rights under the UM/UIM insurance policy with Defendant. Plaintiff asserts claims under Texas Civil Practice and Remedies Code 37.001, et seq. to have her rights, status, and other legal relationships under her Insurance Policy purchased from Defendant established by a court of competent jurisdiction. Plaintiff seeks a declaration from the Court that: A. The negligence of Englutt was the proximate cause of bodily injuries and damages to Plaintiff, which injuries include the following: 1. Reasonable and necessary health care expenses incurred in the past; 2. Reasonable and necessary health care expenses, which in all reasonable probability, will be incurred in the future; 3. Lost wages in the past and loss of earning capacity in the future; 4. Physical pain and suffering in the past; 5. Physical pain and suffering which, in all reasonable probability, will be endured in the future; 6. Mental anguish suffered in the past; 7. Mental anguish which, in all reasonable probability, will be suffered in the fi1t11re; 8. Physical impairment suffered in the past; 9. Physical impairment which, in all reasonable probability, will be suffered in the future; and 10. Disfigurement PLAINTIFF’S ORIGINAL PETITION Page 7 of 10 B. Plaintiff claims underinsured motorist benefits under the policy with Defendant, (hereafter the “Policy”) as a result of a car wreck that occurred on July 29, 2020, is covered under the Policy; C. Plaintiff also seeks a declaration determining the amount of underinsured motorist benefits that she is entitled to recover from Defendant, after all applicable set-offs and credits, for each of the following elements of damages covered under the Insurance Policy: 1. Reasonable and necessary health care expenses incurred in the past; 2. Reasonable and necessary health care expenses, which in all reasonable probability, will be incurred in the future; 3. Lost wages in the past and loss of earning capacity in the future; 4. Physical pain and suffering in the past; 5. Physical pain and suffering which, in all reasonable probability, will be endured in the future; 6. Mental anguish suffered in the past; 7. Mental anguish which, in all reasonable probability, will be suffered in the future; 8. Physical impairment suffered in the past; 9. Physical impairment which, in all reasonable probability, will be suffered in the future; and 10. Disfigurement Pursuant to §37.009 of the Texas Civil Practice and Remedies Code, Plaintiff seeks all costs and reasonable and necessary attorneys’ fees, as are equitable and just, which are incurred, or which may be incurred in this matter including all such fees and expenses: a. For preparation and trial; b. For an appeal to the Court of Appeals; PLAINTIFF’S ORIGINAL PETITION Page 8 of 10 c. For making or responding to an application for writ of error to the Supreme Court of Texas; and d. If application for writ of error is granted by the Supreme Court of Texas. Plaintiff now asks the Court, pursuant to the Texas Declaratory Judgments Act §37.001 et. seq., for a declaration that her injuries and damages fall within the coverage of the Policy issued by Defendant and for a declaration of his rights to such benefits and judgment against Defendant. VIII. DAMAGES AND ATTORNEY’S FEES Plaintiff incorporates all prior paragraphs discussing Plaintiff’ s damages herein. Further, as a result of the collision described above, Plaintiff was injured, causing physical pain, mental anguish, physical impairment, and disfigurement in the past, all of which she will, in reasonable probability, continue to suffer in the future. Due to the severity of Plaintiff’s injuries, Plaintiff has been caused to incur medical and related health care expenses in the past and will, in reasonable probability, continue to incur such expenses in the future. Plaintiff’s damages also include lost wages and loss of earning capacity in the past and future. By reason of the above and foregoing, Plaintiff has been damaged in a sum within the jurisdictional limits of this Court. Pursuant to TEX. R. CIV. P. 47, Plaintiff seeks monetary relief over $250,000.00, but not more than $1,000,000.00. Pursuant to TEX. CIV. PRAC. & REM. CODE Ch. 37, Plaintiff seeks recovery of reasonable and necessary attorneys' fees from Defendant Allstate, for which she hereby sues. NOTICE OF INTENT Plaintiff hereby gives notice of intent to utilize any and all items produced in discovery in the trial of this matter and the authenticity of such items is self-proven per the Texas Rules of Civil Procedure 193.7. PLAINTIFF’S ORIGINAL PETITION Page 9 of 10 U.S. LIFE TABLES Notice is hereby given to Defendant that Plaintiff intends to use the U.S. Life Tables as prepared by the Department of Health and Human Services. VIII. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully asks that the Defendants be cited to appear and answer and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants for some or all of the following damages: a) Under-Insured Policy Limits for past and future medical damages, lost wages, pain and suffering, disfigurement, and impairment; b) Costs of suit; c) Prejudgment and post-judgment interest; d) Attomeys’ Fees; and e) All other and further relief, in law and in equity, to which she may be entitled. Respectfiilly submitted, Wolf Law, PLLC By, W Julie Wolf U) OJQL/ U Communication: ‘ulie wolflaw llc.com E-Service: service@wolflawpllc.com 12222 Merit Dr., Suite 1200 Dallas, Texas 75251 Tel. (972) 338-4477 Fax. (972) 338-5044 Attorney for Plaintifl PLAINTIFF’S ORIGINAL PETITION Page 10 of 10 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Denisse Palacios on behalf of Julie Wolf Bar No. 24051542 denisse@wolflawpllc.com Envelope ID: 86918757 Filing Code Description: Ody - Original Petition (OCA - New Case Filed) Filing Description: Status as of 4/24/2024 4:27 PM CST Associated Case Party: RAMONA DAVIS Name BarNumber Email TimestampSubmitted Status Julie Wolf service@wolflawpllc.com 4/22/2024 2:08:24 PM SENT