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Petrecca v. Allstate Insurance Company

Insurer had right to jury trial in homeowner's suit alleging breach of contract and statutory bad faith for failure to pay claim on damaged home.

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� 1 Allstate Insurance Company (Allstate) appeals from the judgment entered following the trial court’s denial of Allstate’s post-trial motions in a case involving breach of insurance contract and bad faith claims. Allstate contends that the trial court erred in denying its right to a jury trial on the breach of contract claim. Allstate also contends that the trial court erred in denying its motion for a directed verdict, that the verdict was against the weight of the evidence, and that the award of damages was excessive. We conclude that the trial court erred in denying Allstate’s request for a jury trial and therefore, that the trial court erred in denying Allstate’s motion for a new trial. We reverse the judgment and remand for a new trial.

� 2 Daniel and Joyce Petrecca owned a home in Langhorne, Pennsylvania that was insured under an Allstate homeowner’s policy. On October 18, 1998, Mrs. Petrecca claims she returned to her home to discover part of her kitchen ceiling collapsed, water on the kitchen floor and debris everywhere in her kitchen. The Petreccas contacted Property Adjustment Corporation (PAC) to assist in the adjustment of their insurance claim with Allstate, for which PAC would receive thirty percent of the claim recovered.

� 3 Keith Kaufmann of PAC inspected the Petreccas’ house and estimated $20,860.13 for repairs to the kitchen, the bathroom directly above the kitchen, and the foyer. Kaufmann observed a water trail leading to the second floor bathroom.

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