Hail claim denial amounted to emotional tort

JACKSON, Miss. — A federal court denied Allstate’s request to dismiss a homeowner’s intentional infliction of emotional distress claim arising from the insurer’s denial of his claim for hail damage. Allstate’s adjuster was allegedly under the influence of marijuana and unable to go up on the roof for the inspection. The insurer’s roofing consultant then opined the roof damage reflected only normal wear and tear, so Allstate denied the claim. Allstate “summarily ignored” a report by the homeowner’s adjuster and chalk markings by its own consultant that “documented clear hail damage.” Allstate’s alleged conduct satisfies the requirement of behavior “‘so outrageous … to be regarded as atrocious, and utterly intolerable in a civilized community.’”