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TULSA COUNTY • CJ-2025-31

Stacey Dutton v. Allstate Vehicle & Property Insurance Company

Filed: Jan 3, 2025
Type: CJ

What's This Case About?

Let’s cut right to the chase: an insurance company allegedly told a couple they could replace six broken roof vents using just four shingles each, even though the manufacturer had explicitly warned them not to mix old and new materials—like trying to fix a vintage car with mismatched parts and calling it “good as new.” That, dear listeners, is how we got to the $75,000 fight between Stacey and Eric Dutton and Allstate, a battle that’s less about wind and hail and more about whether a multi-billion-dollar corporation can play dodgeball with its own policy promises.

So who are we talking about here? Meet Stacey and Eric Dutton, a married couple who own a home in Skiatook, Oklahoma—a quiet town just north of Tulsa where the wind blows hard, the storms hit fast, and apparently, insurance adjusters show up months late and half-wrong. Like most responsible homeowners, the Duttons paid their premiums religiously to Allstate Vehicle & Property Insurance Company, trusting that if disaster struck, their policy would cover the cost of repairs. And on January 12, 2024, disaster did strike—specifically, a wind and hailstorm that pummeled their roof, damaged their vents, cracked their shingles, and sent water pouring into their living room ceiling. Not exactly the cozy night-in they had planned.

The Duttons did everything by the book. They filed a claim the same day as the storm—no delays, no excuses. Allstate acknowledged the claim, assigned it a number (0741824585, for true crime fans keeping score), and eventually sent an adjuster to inspect the damage. But here’s where things get… creative. Two months later—yes, two whole months after the storm—the insurer’s assessment came back: damage to six turtle vents (those dome-shaped roof vents that look like little plastic turtles, honestly), one rain cap, some gutters, and a bit of ceiling paint. Their grand total? So low it didn’t even meet the Duttons’ deductible. Translation: zero payout. Zip. Nada. As if to say, “Oops, guess you’re on your own, folks.”

Now, if the damage had only been to a few vents and some paint, maybe we’d call it a minor inconvenience. But the Duttons weren’t DIY rookies. They brought in a licensed contractor who took one look at the roof and said, “Uh, you can’t just slap new vents on 15-year-old shingles.” And not just because it looks bad—though let’s be real, mismatched shingles are the architectural equivalent of wearing two different shoes. The manufacturer itself had issued a “do-not-mix” letter, warning that blending old and new roofing materials compromises the integrity of the entire roof. It’s like trying to rebuild a Lego Death Star with bricks from different sets—some pieces might fit, but the whole thing could collapse under pressure.

So the contractor explained: to properly fix the turtle vents, you have to replace the surrounding shingles. But here’s the kicker—the original shingles are discontinued. No longer made. Out of print. Which means you either replace the whole roof or risk future leaks, mold, and structural issues. The Duttons weren’t asking for a luxury upgrade. They weren’t trying to turn their Skiatook split-level into a McMansion. They just wanted a roof that wouldn’t leak during the next spring thunderstorm. But Allstate’s adjuster? He shrugged off the manufacturer’s warning and said, “Nah, we’ll just account for four shingles per vent.” Four. Not a full section. Not even a square foot’s worth. Four. And even that? Never made it into an updated estimate. No paperwork. No follow-up. Just radio silence and a roof that kept leaking.

And leak it did. Despite multiple tarps slapped on by the contractor in a desperate attempt to keep the inside of the house dry, water kept finding its way in. The living room ceiling? Ruined. The walls? Water-stained. The peace of mind of two homeowners who thought they’d done everything right? Completely obliterated. Meanwhile, Allstate sat on its hands, refusing to pay for the full scope of repairs or even acknowledge the interior damage caused by their delay. The Duttons weren’t just dealing with storm damage anymore—they were dealing with insurance damage, the slow, bureaucratic kind that makes you question whether paying premiums was just a monthly donation to a very rich charity.

So why are they in court? Legally speaking, it’s a classic breach of contract claim. That’s a fancy way of saying: “We held up our end. We paid. Now you pay too.” The insurance policy was a contract. The storm was a covered event. The Duttons reported it promptly. Allstate had a duty to respond fairly and in good faith. Instead, they allegedly lowballed the estimate, ignored expert advice, dismissed manufacturer warnings, and left the couple with a worsening problem and no help. That’s not just bad customer service—that’s potentially a violation of Oklahoma law, which expects insurers to handle claims reasonably. When they don’t, courts can step in. And that’s exactly what the Duttons are asking for: a judge to say, “Hey, Allstate, you broke your promise.”

Now, about that number: $75,670.35. That’s not a typo. That’s the actual amount the Duttons say they’re out—covering roof replacement, interior repairs, and the cost of dragging Allstate into court. Is that a lot? For a roof? Maybe. For a whole-house fix after a storm, plus water damage, plus the cost of living with a tarp on your roof for months? Honestly? Sounds about right. Especially when you consider that Allstate probably pays adjusters more than $75,000 a year just to review claims like this one. We’re not talking about a luxury reno. We’re talking about basic habitability. A roof that doesn’t leak. A ceiling that doesn’t crumble. The bare minimum of what you expect when you’ve been paying premiums for years.

And let’s not forget: the Duttons are demanding a jury trial. That means they don’t want some backroom settlement. They want twelve of their peers to hear this story—the storm, the vents, the do-not-mix letter, the four-shingle fantasy—and decide whether Allstate played fair. That’s bold. That’s dramatic. That’s exactly the kind of civil war we live for here at CrazyCivilCourt.

So what’s our take? Look, insurance is supposed to be a safety net. Not a loophole-filled obstacle course designed to make you give up. The most absurd part of this case isn’t even the four-shingle lie—it’s the idea that a company can ignore a manufacturer’s safety warning, lowball a claim into irrelevance, and expect a homeowner to just… accept it. The Duttons didn’t sue for fun. They sued because their house was falling apart and the company they trusted to help made it worse. We’re not rooting for a windfall. We’re rooting for accountability. For the idea that a contract means something. That a “do-not-mix” letter isn’t just a suggestion. That when you pay for protection, you actually get it.

And if that means Allstate has to explain to a jury why four shingles were supposed to fix a roof when the manual said don’t do that? Well, then grab some popcorn, because that’s a testimony we’d pay to see.

Case Overview

$75,770 Demand Jury Trial Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$75,770 Monetary
Plaintiffs
  • Stacey Dutton individual
    Rep: Ashley Leavitt, OBA #32818, HOLBROOK LEAVITT & ASSOCIATES, PLLC
  • Eric Dutton individual
    Rep: Ashley Leavitt, OBA #32818, HOLBROOK LEAVITT & ASSOCIATES, PLLC
Claims
# Cause of Action Description
1 Breach of Contract Plaintiffs claim that Defendant breached their contractual duty to pay for storm damages under the valid Policy.

Petition Text

952 words
IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA STACEY DUTTON AND ERIC DUTTON, PLAINTIFFS, v. ALLSTATE VEHICLE & PROPERTY INSURANCE COMPANY, DEFENDANT. CASE NO. JUDGE PETITION COMES NOW, the Plaintiffs, Stacey Dutton and Eric Dutton, (hereinafter referred to as "Plaintiffs"), and for their causes of action against Defendant Allstate Vehicle & Property Insurance Company, (hereinafter referred to as "Defendant" and/or "Allstate") state and allege as follows: PARTIES 1. Plaintiffs, Stacey Dutton and Eric Dutton, now, and at all times relevant hereto, owned real property in Tulsa County, State of Oklahoma. 2. Upon information and belief, Defendant Allstate Vehicle & Property Insurance Company, is a foreign corporation authorized to conduct business in Oklahoma. JURISDICTION AND AUTHORITY 3. This action is brought before this Court for the reason that it may exercise jurisdiction on any basis consistent with the Constitution of the State of Oklahoma and the Constitution for the United States. 12 O.S. § 2004(F). 4. Pursuant to 12 O.S. § 133, venue is proper in this Court as the acts complained of herein occurred in Tulsa County, Oklahoma. 5. Pursuant to 12 O.S. § 2004(F), this Court has subject matter jurisdiction over the claims asserted herein. FACTUAL BACKGROUND 6. At all times material hereto, in consideration for premiums paid by Plaintiffs, there was in full force and effect a policy of insurance issued by Allstate to Plaintiffs, bearing the policy number 000815705774 (hereinafter referred to as the “Policy”). 7. Under the terms of the Policy, Defendant agreed to insure Plaintiffs against certain losses to Plaintiffs’ property located at 2104 East 156th Street North, Skiatook, OK 74070, (hereinafter referred to as the “Property”). 8. On or about January 12, 2024, when the above-referenced insurance policy was in full force and effect, Plaintiffs’ Property was damaged as a result of a wind/hailstorm. 9. The Policy insured the Property against the type of loss and damage suffered. 10. Plaintiffs reported the loss to Defendant; Defendant acknowledged the same and assigned claim number 0741824585 to this loss (hereinafter referred to as the “Claim”). All other conditions precedent to entitle Plaintiffs to coverage and benefits under the Policy have been satisfied. FIRST CLAIM FOR RELIEF (Breach of Contract) 11. Plaintiffs incorporate all allegations set forth above as though fully set forth herein. 12. The Policy constitutes a valid and binding contract between Plaintiffs and Defendant. 13. Plaintiffs timely paid Defendant the owed Policy premiums. 14. In exchange for the Policy provisions, Allstate agreed to provide Plaintiffs insurance coverage to Plaintiffs’ Property. 15. On or about January 12, 2024, when the above-referenced insurance policy was in full force and effect with all premiums paid, Plaintiffs suffered a covered loss: storm damage. 16. Plaintiffs timely filed a claim with Allstate on or about January 12, 2024, the same day as the storm. 17. Allstate later sent an adjuster to the Property for an inspection. 18. Two months after Plaintiffs notified Allstate of their loss, Allstate estimated for damage to just six (6) turtle vents, one (1) rain cap, gutters and downspouts, and paint for the living room ceiling where water leaks were noted. 19. The Allstate adjuster did not account for the storm damage to the discontinued shingles, the entry point for the water leaks, or the fact that the replacement of the six (6) turtle vents would require the surrounding shingles to also be replaced. 20. The estimate totaled less than the Plaintiffs’ deductible, resulting in no payment for the damages to the Plaintiffs’ Property. 21. The Plaintiffs’ contractor contacted Allstate to advise that while they missed the glaring storm damages to the shingles, they would need to replace all the shingles anyway due to the turtle vents requiring shingle replacement and the shingles no longer being in production with a do-not-mix letter from the manufacturer. 22. Allstate’s adjuster ignored the do-not-mix letter and verbally replied that Allstate would account for four (4) shingles per turtle vent, but never updated the estimate to reflect that. 23. Plaintiffs have continued to deal with leaks, despite their contractor placing multiple tarps on the roof. The leaks have resulted in significant interior damage which has also not been accounted for in Allstate’s estimate. 24. Plaintiffs have fully performed under the Policy and have demanded that Defendant perform; however, Defendant has refused to perform and has materially breached the Policy. 25. The acts and omissions of Allstate, in the handling of Plaintiffs’ claim, were unreasonable and resulted in Plaintiffs being paid less than what they were owed under the terms and conditions of the insurance policy issued by the Defendant. The acts and omissions of the Defendant in the investigation, evaluation, delay, and payment of Plaintiffs’ claim were unreasonable and constitute a breach of contract for which contractual damages are hereby sought. 26. Plaintiffs remain damaged in an amount not less than $75,670.35 for the actual damages to their dwelling caused by the storm. 27. Plaintiffs have been forced to expend money for court costs and litigation for which they should be compensated. 28. Pursuant to 12 O.S. § 2008(A)(2) and the above facts and circumstances, Plaintiffs are entitled to relief under Oklahoma statutory and common law. The total amount demanded by Plaintiffs is greater than $75,000.00. WHEREFORE, premises considered, Plaintiffs move for a finding by the Court that Defendant Allstate Vehicle & Property Insurance Company breached its contractual duty to pay for storm damages under the valid Policy; that Plaintiffs should be awarded a sum not less than $75,670.35 in actual damages; a sum in excess of $75,000.00 for consequential damages as a result of Defendant’s breach of contract; that an award of attorney fees, costs of litigation and interest is proper pursuant to 36 O.S. § 3629, 12 O.S. §§ 936, 940 & 942, and Oklahoma common law; and for such other and further relief as the Court may deem equitable under the circumstances. JURY TRIAL DEMANDED Respectfully Submitted, Ashley Leavitt, OBA #32818 HOLBROOK LEAVITT & ASSOCIATES, PLLC 624 S. Denver Avenue, Ste 300 Tulsa, OK 74119-1075 P: (918) 373-9394 F: (918) 539-0269 E: [email protected] Counsel for the Plaintiffs
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