Houston’s Legal Showdown: Allstate Takes Federal Insurance to Court

Houston Insurance Courtroom Scene

News Summary

A legal battle in Houston sees Allstate Indemnity Company suing Federal Insurance Company over a $910,000 dispute resulting from a car accident settlement. After Allstate paid $1 million for damages exceeding the primary auto policy, it claimed Federal should contribute based on Texas law. The case highlights the complexities of overlapping insurance policies and the significance of ‘other insurance’ clauses, potentially impacting future insurance practices. As the lawsuit unfolds, industry observers await the implications of this legal standoff.

Texas – Allstate Indemnity Company has initiated legal proceedings against Federal Insurance Company, seeking reimbursement of $910,000 in a dispute centered around excess liability coverage. The lawsuit was filed on August 7, 2025, in the Southern District of Texas, specifically the Houston Division. The contention stems from a settlement related to a car accident involving Kendall Jordan, who was sued following the incident that resulted in significant bodily injuries to the injured party, Makenzy Cornell, in Montgomery County, Texas.

The case emerged after Cornell sought over $1 million in damages for her injuries. Counsel for Jordan, recognizing the extensive costs involved, recommended that both Allstate and Federal participate in a $1.25 million settlement demand. Given a $250,000 limit on the primary auto policy, there remained $1 million to be covered by excess carriers.

Allstate holds an umbrella policy that carries a $1 million limit, while Federal’s personal excess liability policy boasts a considerably higher limit of $10 million. Despite this, Federal Insurance Company refused to contribute to the settlement, prompting Allstate to pay the entire $1 million to resolve Cornell’s claim.

According to Allstate, Texas law mandates that in cases of overlapping excess policies, insurers should share the financial burden. Allstate claims that Federal should have covered $910,000 of the settlement. Over a period of months, Allstate sent demand letters to Federal on June 18, July 1, August 30, and October 28, 2024, but none elicited a response. Consequently, Allstate is now requesting a declaratory judgment that would compel Federal to reimburse the disputed $910,000.

The complexities of this case are compounded by the conflicting terms of both insurance policies. Allstate’s agreement states that it will pay claims only after the underlying insurance has been fully utilized. Meanwhile, Federal’s policy stipulates it will cover damages that exceed all underlying insurance amounts. This disparity creates a deadlock where both companies could argue to be the last responsible party for payment.

Legal experts note that this case could have broader implications for the industry, particularly regarding the interpretation and implementation of “other insurance” clauses found in insurance policies. These clauses dictate how differing insurance coverages are coordinated when facing overlapping claims. As the insurers attempt to clarify their positions, Texas case law indicates that overlapping excess policies should engage in cost-sharing based on their respective policy limits.

Allstate’s claims against Federal include elements of contractual subrogation, equitable subrogation, and equitable contribution, arguing that it overpaid to protect the interests of their mutual insured and is now seeking recovery of the excess funds. The ongoing legal proceedings are still at the complaint stage, and as of the latest updates, Federal Insurance has not yet filed a response to the allegations. This lack of response may prolong the resolution of the case.

Insurance professionals across the industry are closely monitoring this lawsuit, aware that its outcome could shape future disputes related to similar coverage conflicts. The case not only underscores the intricacies present within insurance policy agreements but also highlights the ongoing challenges organizations face when navigating overlapping liabilities. Allstate’s pursuit to reclaim its costs from Federal Insurance Company emphasizes the critical need for clarity and cooperation between insurers in similar situations, and a successful resolution could set a precedent for how excess liability claims will be adjudicated in the future.

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STAFF HERE COLLEGE WRITER
Author: STAFF HERE COLLEGE WRITER

The COLLEGE STATION STAFF WRITER represents the experienced team at HERECollegeStation.com, your go-to source for actionable local news and information in College Station, Brazos County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as the Brazos Valley Fair & Rodeo, Chilifest, and Aggie Muster. Our coverage extends to key organizations like the Bryan-College Station Chamber of Commerce and United Way of the Brazos Valley, plus leading businesses in education, biotechnology, and retail that power the local economy such as Texas A&M University, Fujifilm Diosynth Biotechnologies, and H-E-B. As part of the broader HERE network, including HEREAustinTX.com, HEREDallas.com, HEREHouston.com, and HERESanAntonio.com, we provide comprehensive, credible insights into Texas's dynamic landscape.

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