On May 07, 2021 a
Answer
was filed
involving a dispute between
Ordonez, Dora Luz,
and
Allstate Fire And Casualty Insurance Company,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
FILED
6/4/2021 1:05 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Lafonda Sims DEPUTY
CAUSE NO. DC-21-05912
DORA LUZ ORDONEZ IN THE DISTRICT COURT
Plaintiff,
VS. 44TH JUDICLéi DISTRICT
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY DALLAS COUNTY, TEXAS
Defendants.
DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S
ORIGINAL ANSWER
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, hereinafter referred to
as Defendant, files this Original Answer in response to the claim of DORA LUZ ORDONEZ,
hereinafter referred to as Plaintiff, whether one or more, and respectfully shows the Court the
following:
1. Defendant admits that it issued an automobile policy of insurance to Plaintiff.
2. Defendant would Show that it intends to comply with the terms and conditions of
the policy sued on and agrees to pay to Plaintiff those monies which the Plaintiff may be entitled
to recover as damages as determined by the Court and Jury. This Defendant specifically does
not agree to waive any right it has under the policy of insurance sued on herein and insists on its
rights as contained in said policy, including the definitions, conditions and exclusions contained
therein.
3. Defendant specifically pleads, as an affirmative defense pursuant to rule 94
TRCP, the Limitation of its Liability as stated in the "Limit of Liability" clause contained in the
policy sued on. Defendant says its liability is limited to the amount of uninsured /underinsured
coverage purchased by the insured and reduced by any applicable reduction clauses or pro-rate
clauses contained in said policy.
Ordonez vs. Allstate PAGE 1
DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S ORIGINAL ANSWER
Our File Number: 0531779221.l
4. Subject to the admission made above, Defendant asserts a general denial, as
authorized by the Texas Rules of Civil Procedure, and respectfully requests the Court and Jury to
require Plaintiff to prove Plaintiffs claims, charges and allegations by a preponderance of the
evidence, as required by the Constitution and laws of the state of Texas.
5. Defendant specifically claims any credit or offset available from payments made
by or on behalf of the alleged underinsured motorist.
6. Further, Defendant would show by way of affirmative defense that there are
contractual provisions with which the Plaintiff has failed to comply. Specifically, Plaintiff has
failed to establish that there are damages to which Plaintiff is legally entitled to recover from the
owner or operator of an uninsured or underinsured motor vehicle, as required by the contract of
insurance between Plaintiff and Defendant. Until such time, Defendant is under no duty to pay
benefits to the Plaintiff. Sikes V. Zuloaga, 830 S.W.2d 752 (Tex.App.--Austin, 1992).
7. Additionally, to the extent that Plaintiff s medical specials exceed the amount
actually paid on Plaintiff’s behalf, Defendant asserts the statutory defense set forth in Section
41.0105 of the Texas Civil Practice and Remedies Code. Thus, recovery of medical or health
care expenses incurred by Plaintiff is limited to the amount actually paid or incurred by or on
behalf of the Plaintiff.
8. Defendant respectfully demands a jury trial.
WHEREFORE, Defendant prays that Plaintiff takes nothing by Plaintiffs suit against
Defendant, that Defendant be discharged, that Defendant be awarded its costs of Court, and for
all further relief, both general and special, at law and in equity, to which Defendant may be
entitled.
Ordonez vs. Allstate PAGE 2
DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S ORIGINAL ANSWER
Our File Number: 0531779221.1
Respectfully submitted,
LISA CHASTAIN & ASSOCMTES
WM
YOUNG C. JENKINS
TBN: 24034505
1201 Elm Street, Suite 5050
Dallas, TX 75270
E-Service Only: DallasLegal@allstate.com
(214) 659-4346
(877) 67 8-4763 (fax)
ATTORNEY FOR DEFENDANT(S)
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY
Ordonez vs. Allstate PAGE 3
DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S ORIGINAL ANSWER
Our File Number: 0531779221.1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served in
compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on June 4, 2021 to:
Tanner C. Forman
SBN: 24094662
JIM S. ADLER & ASSOCMTES
The Tower at CityPlace, Lock Box 40
2711 N. Haskell Avenue, Suite 2500
Dallas, Texas 75204
(214) 220-3203
(214) 220-3245 (Fax)
tforman@jimadler.com
ATTORNEY FOR PLAINTIFF
YOUNG C. JENKINS
Ordonez vs. Allstate P AGE 4
DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S ORIGINAL ANSWER
Our File Number: 0531779221.1
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.
Isabel Hernandez on behalf of Young Jenkins
Bar No. 24034505
ihert@allstate.com
Envelope ID: 54110851
Status as of 6/7/2021 11:40 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Tanner Forman 24094662 tforman@jimadler.com 6/4/2021 1:05:16 PM SENT
Document Filed Date
June 04, 2021
Case Filing Date
May 07, 2021
Category
MOTOR VEHICLE ACCIDENT
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FILED 6/4/2021 1:05 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Lafonda Sims DEPUTY CAUSE NO. DC-21-05912 DORA LUZ ORDONEZ IN THE DISTRICT COURT Plaintiff, VS. 44TH JUDICLéi DISTRICT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY DALLAS COUNTY, TEXAS Defendants. DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S ORIGINAL ANSWER ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, hereinafter referred to as Defendant, files this Original Answer in response to the claim of DORA LUZ ORDONEZ, hereinafter referred to as Plaintiff, whether one or more, and respectfully shows the Court the following: 1. Defendant admits that it issued an automobile policy of insurance to Plaintiff. 2. Defendant would Show that it intends to comply with the terms and conditions of the policy sued on and agrees to pay to Plaintiff those monies which the Plaintiff may be entitled to recover as damages as determined by the Court and Jury. This Defendant specifically does not agree to waive any right it has under the policy of insurance sued on herein and insists on its rights as contained in said policy, including the definitions, conditions and exclusions contained therein. 3. Defendant specifically pleads, as an affirmative defense pursuant to rule 94 TRCP, the Limitation of its Liability as stated in the "Limit of Liability" clause contained in the policy sued on. Defendant says its liability is limited to the amount of uninsured /underinsured coverage purchased by the insured and reduced by any applicable reduction clauses or pro-rate clauses contained in said policy. Ordonez vs. Allstate PAGE 1 DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S ORIGINAL ANSWER Our File Number: 0531779221.l 4. Subject to the admission made above, Defendant asserts a general denial, as authorized by the Texas Rules of Civil Procedure, and respectfully requests the Court and Jury to require Plaintiff to prove Plaintiffs claims, charges and allegations by a preponderance of the evidence, as required by the Constitution and laws of the state of Texas. 5. Defendant specifically claims any credit or offset available from payments made by or on behalf of the alleged underinsured motorist. 6. Further, Defendant would show by way of affirmative defense that there are contractual provisions with which the Plaintiff has failed to comply. Specifically, Plaintiff has failed to establish that there are damages to which Plaintiff is legally entitled to recover from the owner or operator of an uninsured or underinsured motor vehicle, as required by the contract of insurance between Plaintiff and Defendant. Until such time, Defendant is under no duty to pay benefits to the Plaintiff. Sikes V. Zuloaga, 830 S.W.2d 752 (Tex.App.--Austin, 1992). 7. Additionally, to the extent that Plaintiff s medical specials exceed the amount actually paid on Plaintiff’s behalf, Defendant asserts the statutory defense set forth in Section 41.0105 of the Texas Civil Practice and Remedies Code. Thus, recovery of medical or health care expenses incurred by Plaintiff is limited to the amount actually paid or incurred by or on behalf of the Plaintiff. 8. Defendant respectfully demands a jury trial. WHEREFORE, Defendant prays that Plaintiff takes nothing by Plaintiffs suit against Defendant, that Defendant be discharged, that Defendant be awarded its costs of Court, and for all further relief, both general and special, at law and in equity, to which Defendant may be entitled. Ordonez vs. Allstate PAGE 2 DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S ORIGINAL ANSWER Our File Number: 0531779221.1 Respectfully submitted, LISA CHASTAIN & ASSOCMTES WM YOUNG C. JENKINS TBN: 24034505 1201 Elm Street, Suite 5050 Dallas, TX 75270 E-Service Only: DallasLegal@allstate.com (214) 659-4346 (877) 67 8-4763 (fax) ATTORNEY FOR DEFENDANT(S) ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY Ordonez vs. Allstate PAGE 3 DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S ORIGINAL ANSWER Our File Number: 0531779221.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been served in compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on June 4, 2021 to: Tanner C. Forman SBN: 24094662 JIM S. ADLER & ASSOCMTES The Tower at CityPlace, Lock Box 40 2711 N. Haskell Avenue, Suite 2500 Dallas, Texas 75204 (214) 220-3203 (214) 220-3245 (Fax) tforman@jimadler.com ATTORNEY FOR PLAINTIFF YOUNG C. JENKINS Ordonez vs. Allstate P AGE 4 DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S ORIGINAL ANSWER Our File Number: 0531779221.1 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. Isabel Hernandez on behalf of Young Jenkins Bar No. 24034505 ihert@allstate.com Envelope ID: 54110851 Status as of 6/7/2021 11:40 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Tanner Forman 24094662 tforman@jimadler.com 6/4/2021 1:05:16 PM SENT