[WSBARP] Allstate

[Stephen Whitehouse]

While it was a boundary dispute, the neighbor claimed damages because of some trees being trimmed. Allstate accepted tender of all issues, because the trespass was dependent on where the line was the surveyed line of the line claimed by adverse possession. While I have no confirmation of this, our claim includes monies expended prior to the law suit being filed but after there was a written claim. The policy says they have a duty to defend any claim or law suit, meaning they are two different things.

Steve

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com


-----Original Message-----
From: Rod Harmon <rodharmon at msn.com>
To: Stephen Whitehouse <swhite8893 at aol.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Sent: Thu, Aug 12, 2021 10:12 am
Subject: RE: [WSBARP] Allstate

<!--#yiv0435244196 _filtered {} _filtered {}#yiv0435244196 #yiv0435244196 p.yiv0435244196MsoNormal, #yiv0435244196 li.yiv0435244196MsoNormal, #yiv0435244196 div.yiv0435244196MsoNormal {margin:0in;font-size:11.0pt;font-family:"Calibri", sans-serif;}#yiv0435244196 a:link, #yiv0435244196 span.yiv0435244196MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv0435244196 span.yiv0435244196EmailStyle19 {font-family:"Calibri", sans-serif;color:windowtext;}#yiv0435244196 .yiv0435244196MsoChpDefault {font-family:"Calibri", sans-serif;} _filtered {}#yiv0435244196 div.yiv0435244196WordSection1 {}-->Steve: What was it in the homeowner’s policy that formed the basis for Allstate’s acceptance of tender?    Rod Harmon   RODNEY T. HARMON        Attorney at Law          P.O. Box 1066       Bothell, WA   98041      Tel:   (425) 402-7800      Fax:  (425) 458-9096     www.rodharmon.com    rodharmon at msn.com             From: wsbarp-bounces at lists.wsbarppt.comOn Behalf Of Stephen Whitehouse
Sent: Wednesday, August 11, 2021 10:01 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Allstate    Listmates,       This really is a real property inquiry. I had a client with a boundary/trespass defense issue. We tendered to Allstate. It took them several months and they finally accepted the tender. We presented them with a  bill from the date of tender to the acceptance and we never got a response. So we did the 20 day notice to the Office of the Insurance Commissioner and they failed to respond. So we filed suit.       In looking at what the actual legal entity is, while the policy uses a number of AKAs, the actual name of the corporation is the Allstate Insurance Corporation. A lot of appellate decisions reference them as the  Allstate Insurance Company, which may be a distinction without a difference. The SOS lists no registered agent for service of process for either entity. I find that somewhat surprising and am wondering if someone else on the listserve has been through the same drill trying to serve them, or if I just need to serve the SOS.    Steve Stephen Whitehouse Whitehouse & Nichols, LLP P.O. Box 1273 601 W. Railroad Ave.  Shelton, Wa. 98584 360-426-5885 swhite8893 at aol.com    
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