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Dallas Hailstorm Victim Unhappy with Mediation Options

Saturday, February 6, 2016

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A plaintiff affected by a hailstorm filed a motion against State Farm Lloyds insurance accusing the firm of bad faith dealings during the settlement mediation. The homeowner believes the settlement should be far more than the existing value of her home.


The homeowner, Maria Ontiveros, brought her lawsuit against State Farm in June 2014 in Dallas. She argued the company undervalued the property damage caused by a June 2012 storm. Court records show Ontiveros received a check from State Farm for approximately $7000 within 14 days of her claim.


Also according to court records, she never indicated she was unhappy with how her insurer handled the claim, but two years later filed a lawsuit. Since filing the suit, State Farm claims to have filed generous settlement offers twice, but Ontiveros ignored those offers and sent a settlement demand to the company for three times the value of her home. Court records show State Farm extended an additional offer of more than $23,000 a month after Ontiveros followed suit. Within a few months Ontiveros placed a counter demand of $112,000. Her home value is approximately $33,000 according to 2012 assessments.


State Farm has agreed to mediation, despite Ontiveros refusing. The company acknowledges the process is unlikely to be successful, but felt compelled to offer. The company again offered to settle the case for the $23,000 amount in October of 2014 and Ontiveros once again ignored the offer, according to court records.


State Farm has stated it is willing to negotiate an offer larger than the original $7000, but the plaintiff is unresponsive and insists she deserves more than $100,000.

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