CJ-2026-924 - Timothy LoScuito and Linda LoScuito v. Allstate Vehicle and Property Insurance Company

What's This Case About?

Let’s get one thing straight: Allstate allegedly denied a married couple’s insurance claim for a tree that fell on their house—after its own hired engineer confirmed the damage—then tried to blame the damage on a different storm claim they’d already denied, leaving the homeowners to live under a tarp like they were camping in their own garage. This isn’t just bad customer service. This is the insurance version of gaslighting.

Meet Timothy and Linda LoScuito, a long-time Allstate customer duo from Jenks, Oklahoma—yes, the kind of people who’ve probably been getting those “Thank you for being a loyal customer!” emails for over two decades while dutifully paying their premiums like clockwork. They’re not thrill-seekers or property-flippers. They’re homeowners. The kind who likely have a “Home Sweet Home” wreath on the door and a motion-activated garden gnome that says “Welcome!” in a British accent. Their house at 509 West D Street isn’t a mansion, but it’s theirs, and it’s supposed to be protected by the very company now accused of treating it like a game of Jenga they’re determined to lose.

Now, buckle up, because this story has more plot twists than a soap opera filmed during a tornado outbreak.

First, on or around March 14, 2025—because apparently Oklahoma wasn’t dramatic enough already—there was a storm. Not the kind with ominous music and lightning strikes every three seconds, but the kind that does damage roofs. The LoScuitos noticed the damage, reported it to Allstate like good policyholders do, and waited. And waited. And waited. Allstate came out, took a look, and said, “Nah, not enough damage here. Zero payout.” Cool. Fine. Whatever. Onto the next act.

Then, on May 14, 2025—because the universe clearly had it out for this particular house—a neighbor’s tree decided it had seen enough and launched itself directly onto the LoScuito residence. We’re talking full-on Arbor Attack. The tree smashed the roof, damaged the west side of the garage, cracked the brick veneer, and took out part of the fence. This wasn’t a “hmm, maybe a little paint touch-up” situation. This was a “your house is now partially outdoors” emergency.

The LoScuitos did everything right. Again. They reported the claim. Allstate sent out Donan Engineering—their own hired experts—to assess the damage. And what did Donan say? Oh, just that, yeah, the tree did cause structural and nonstructural damage to the roof, framing, soffit, shingles, brick veneer, and fence. In other words: Pay up, Allstate.

But Allstate said, “Hold my policy,” and denied coverage for the roof replacement, the brick veneer, the fence, and the garage interior. Why? Because they claimed this damage was actually from the March storm—the one they’d already denied! Let that sink in: Allstate used a claim they refused to pay to justify not paying a different claim caused by a literal tree falling on the house. It’s like saying, “We won’t cover your broken leg from the car crash because you already had a paper cut last week—and we didn’t cover that either.”

And then came the delay. The LoScuitos reported the tree impact in early July. Allstate didn’t issue a single dime—zero dollars, zero cents—until November 19, 2025. That’s over four months of living with a tarp flapping in the Oklahoma wind like a sad flag of surrender. Four months of wondering if rain was going to ruin their drywall, their insulation, their lives. Four months during which Allstate apparently did… not much. No estimate. No payment. No “Hey, we’re working on it.” Just radio silence, followed by a partial check for $7,703.63—enough to maybe fix half a roof, but not enough to actually live in the house without feeling like you’re one strong breeze away from indoor hail.

To make matters worse, the LoScuitos hired their own engineering firm—Corinthian Solutions—because apparently one expert opinion confirming damage wasn’t enough for Allstate. Corinthian confirmed what Donan already said: the brick veneer was cracked and displaced and needed to be removed and reinstalled. But Allstate still refused to pay. At this point, it’s not negligence. It’s a pattern. It’s a strategy. It’s “deny, delay, and hope they give up.”

So why are we in court? Legally speaking, the LoScuitos are making two big claims. First: Breach of Contract. Simple version: you sold us insurance. We paid for it. Stuff broke. You’re supposed to fix it. You didn’t. That’s breach. Second: Breach of the Duty of Good Faith and Fair Dealing—which sounds like a breakup line but is actually a legal requirement that insurance companies can’t screw over their customers. They have to investigate claims fairly, pay what’s owed, and not act like cartoon villains. Allstate allegedly did the opposite: ignoring their own experts, shifting blame between two unrelated claims, and dragging their feet for months while the LoScuitos lived under a tarp. That’s not just bad business. That’s bad faith—with a capital “F.”

Now, let’s talk money. The LoScuitos are suing for over $10,000 in actual damages—which, given that they’ve already received $7,703.63, means they’re likely seeking around $2,300 to $3,000 more to finish repairs. That’s not a fortune. That’s not even a luxury vacation. That’s the cost of a decent roof repair and some brickwork. But the real kicker? They’re also asking for punitive damages—money not to cover their losses, but to punish Allstate for acting like a corporate sociopath. That’s the legal equivalent of saying, “We don’t just want our roof fixed. We want you to feel bad about making us live like storm refugees in our own home.”

And honestly? We’re here for it.

Because the most absurd part of this whole mess isn’t just that a tree fell on a house. It’s that an insurance company—with a jingle, for God’s sake—used a denied storm claim to justify not paying for tree damage they admitted happened. It’s like your car insurance refusing to cover a deer collision because you once had a flat tire they didn’t reimburse. It makes no sense. It’s circular logic with a side of corporate greed.

We’re not saying every insurance company is evil. But when you’ve been a customer for 20 years, you expect a little loyalty. You expect them to show up when the sky literally falls. Instead, Allstate allegedly showed up with a clipboard, a denial letter, and a complete disregard for basic logic.

So what are we rooting for? We’re rooting for the tarp to come down. We’re rooting for the brick veneer to be fixed. We’re rooting for Allstate to write a check that actually covers the damage—plus a little extra for emotional distress caused by having to explain to guests, “No, the tarp is not part of the aesthetic.”

And if punitive damages happen? Even better. Let this be a lesson to every insurer out there: you can’t play hot potato with disaster claims and expect homeowners to just keep catching the blame. When the storm hits, when the tree falls, when the roof caves in—your job is to help. Not to hide.

We’re entertainers, not lawyers. But even we know this much: you don’t get to sell peace of mind and then vanish when someone actually needs it.

Case Overview

$10,704 Demand Petition

Jurisdiction

District Court in Tulsa County, Oklahoma

Filing Attorney

D. Aaron Bruner

Whiting & Bruner, PLLC

Relief Sought

$10,000 Monetary

$1 Punitive

Plaintiffs

Timothy LoScuito and Linda LoScuito individual
Rep: D. Aaron Bruner, OBA #32598

Defendants

Allstate Vehicle and Property Insurance Company business

Claims

#	Cause of Action	Description
1	Breach of Contract	Defendant's failure to pay for covered losses caused by storm damage and tree impact
2	Breach of the Duty of Good Faith and Fair Dealing	Defendant's unreasonable and bad faith handling of Plaintiffs' claims

Petition Text

1,189 words

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA TIMOTHY LOSCUITO AND LINDA LOSCUITO, HUSBAND AND WIFE, PLAINTIFFS, VS. ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY, DEFENDANT. CASE NO. PETITION Plaintiffs, Timothy LoScuito and Linda LoScuito, husband and wife (collectively, the "Plaintiffs"), and for their causes of action against Defendant Allstate Vehicle and Property Insurance Company ("Defendant Allstate"), allege and state as follows: 1. Plaintiffs are residents of Tulsa County, Oklahoma. 2. Plaintiffs own certain residential real property located at 509 West D Street, Jenks, Oklahoma 74037, which is their residence (the "Insured Residential Real Property"). 3. Venue is proper in Tulsa County, Oklahoma, and this Court has jurisdiction over the parties and the subject matter of this action. 4. Defendant Allstate is a foreign insurance company authorized to do business in the State of Oklahoma and issued a homeowners insurance policy covering the Insured Residential Real Property. 5. Defendant Allstate issued a homeowners insurance policy to Plaintiffs providing Coverage A (dwelling), Coverage B (other structures), and coverage for accidental direct physical loss, unless excluded (the "Policy"). 6. Plaintiffs have been a customer of Defendant Allstate for over twenty (20) years. 7. Plaintiffs paid all premiums and were insured under the Policy. March 14, 2025, Storm Loss 8. On or about March 14, 2025, a storm caused physical damage to the r of the Insured Residential Real Property. 9. Plaintiffs reported the loss and submitted a claim to Defendant Allstate. 10. Defendant Allstate inspected the Insured Residential Real Property. 11. Defendant Allstate denied coverage and asserted that there was insufficient damage to justify payment. 12. Defendant Allstate failed and refused to pay any amount whatsoever for the storm damage and has failed to do so to date. May 14, 2025, Tree Impact Loss 13. On or about May 14, 2025, a neighbor’s tree fell onto the Insured Residential Real Property. 14. The falling tree caused direct physical damage to the Insured Residential Real Property, including the roof, the west side of the garage, and the fence. 15. The incident caused direct physical damage to the Insured Residential Real Property. 16. Plaintiffs reported the May 14, 2025 loss to Defendant Allstate. 17. Defendant Allstate retained Donan Engineering, an engineering firm, to inspect the Insured Residential Real Property following the tree impact. 18. Donan Engineering confirmed that the fallen tree caused structural and nonstructural damage to the roof, roof framing, soffit, brick veneer, shingles, and fence of the Insured Residential Real Property. 19. Despite Donan Engineering confirming physical impact damage, Defendant Allstate denied coverage for the garage interior, roof replacement, fence, and the brick veneer. 20. Plaintiffs retained Corinthian Solutions, an independent engineering firm, which determined that the brick veneer was displaced and cracked by the tree impact and that, to return the Insured Residential Real Property to its pre-loss condition, the brick veneer must be removed and reinstalled. 21. Nonetheless, Defendant Allstate refused to pay for roof replacement and brick veneer repairs. Unreasonable Delay and Partial Payment 22. Plaintiffs reported the May 14, 2025 loss to Defendant Allstate on or about July 1, 2025. 23. As a result of the tree impact, the roof and west side of the Insured Residential Real Property were left open and damaged, requiring Plaintiffs to install a large protective tarp to prevent intrusion of water and debris. 24. In a letter dated July 17, 2025, Defendant Allstate stated that it was "unable to provide coverage" for the full roof replacement, the gate and fence, and the brick siding claimed by Plaintiffs. 25. Defendant Allstate assigned a coverage value of zero dollars ($0.00) for the loss, including the roof, fence, and brick veneer, until Plaintiffs were forced to retain counsel, despite physical impact damage having occurred. 26. Defendant Allstate did not issue any estimate and/or payment for the May 14, 2025 loss until November 19, 2025, which was more than four (4) months after the claim was reported. 27. During that four (4) month period, Defendant Allstate failed to reasonably adjust the claim and left the Insured Residential Real Property unrepaired and exposed. 28. Plaintiffs were required to keep the west side of the Insured Residential Real Property covered with a tarp due to the unrepaired roof and structural damage. 29. On November 19, 2025, Defendant Allstate issued its first and only payment in the amount of Seven Thousand Seven Hundred Three Dollars and Sixty-Three cents ($7,703.63). 30. To date, a tarp remains on the west end of the Insured Residential Real Property because Plaintiffs have been unable to complete the repairs that should have been covered under the policy. Claim Shifting 31. Defendant Allstate denied portions of the May 14, 2025 loss by asserting that the roof and fence damage belonged to the prior March 14, 2025, storm claim. 32. However, Defendant Allstate had already denied the March 14, 2025, storm claim. 33. Defendant Allstate therefore denied both claims while simultaneously using one (1) denied claim to justify denying the other. Count 1: Breach of Contract 34. Defendant Allstate was contractually obligated to pay for covered losses caused by storm damage. 35. Defendant Allstate was contractually obligated to pay for covered losses caused by the impact from a falling tree. 36. Defendant Allstate breached the insurance contract by failing to pay for the March 14, 2025, storm damage. 37. Defendant Allstate breached the insurance contract by failing to pay for the May 14, 2025, tree impact damage, including the roof, trusses, soffit, brick veneer, and fence. 38. Defendant Allstate failed to perform its duties under the contract and breached its contractual obligations to Plaintiffs. Count 2: Breach of the Duty of Good Faith and Fair Dealing 39. Defendant Allstate owed Plaintiffs a duty to reasonably investigate, evaluate, and pay their claims. 40. Defendant Allstate owed Plaintiffs a duty of good faith and fair dealing in the handling of Plaintiffs’ claims under the policy. 41. Defendant Allstate acted unreasonably and in bad faith by denying covered storm damage. 42. Defendant Allstate acted unreasonably and in bad faith by disregarding independent engineering findings that confirmed impact related damage. 43. Defendant Allstate acted unreasonably and in bad faith by denying coverage for physical damage that its own retained engineer confirmed. 44. Defendant Allstate acted unreasonably and in bad faith by delaying payment for more than four (4) months. 45. Defendant Allstate acted unreasonably and in bad faith by paying only part of the loss. 46. Defendant Allstate acted unreasonably and in bad faith by shifting damages between denied claims. 47. Defendant Allstate breached its duty of good faith and fair dealing in its handling of Plaintiffs' claims. Punitive Damages 48. Defendant Allstate acted in reckless disregard of Plaintiffs’ rights. 49. Defendant Allstate acted with reckless disregard and malice toward Plaintiffs’ rights. 50. Defendant Allstate engaged in a pattern of unfair claim practices designed to avoid paying legitimate losses. 51. Defendant Allstate consciously, recklessly, and in bad faith engaged in claim handling conduct that caused unnecessary delay, expense, and underpayment, and that adversely impacted Plaintiffs’ claims. 52. Defendant Allstate’s acts and omissions were in reckless disregard of its obligations to Plaintiffs. 53. Plaintiffs are entitled to punitive damages. 54. As a direct result of the actions of Defendant Allstate, Plaintiffs have been damaged in an amount in excess of $10,000.00. WHEREFORE, Plaintiffs, Linda LoScuito and Timothy LoScuito, pray for judgment in their favor and against Defendant, Allstate Vehicle and Property Insurance Company, for actual damages in excess of $10,000.00, punitive damages, together with attorneys’ fees, interest, costs and any other relief that is just and equitable. Respectfully submitted, D. Aaron Bruner, OBA #32598 Whiting & Bruner, PLLC 6440 S. Lewis Ave., Suite 100 Tulsa, OK. 74136 (918) 488-8000 Telephone (918) 481-8751 Facsimile [email protected] Email ATTORNEY FOR PLAINTIFFS