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Case ID: 4376 | Insurance | 02/06/2006
Alton, Illinois plaintiff’s attorney Lanny Darr filed suit July 11, 2005 against Affirmative Insurance Company because it would only reimburse him $18.90 per day for a rental vehicle. Darr claims he was involved in an auto accident Feb. 14, 2005 with a driver, who was negligent and insured by Affirmative.
“Affirmative refused to lease a vehicle for Darr and failed to reimburse for an amount greater than $18.90 per day, which is illegal under Illinois law,” the complaint states. Darr claims he could not drive his Ford Explorer for several days while it was being repaired. According to the complaint, common questions of law and fact predominate over any questions affecting only individual members of the class, which include whether Affirmative acted illegally when it: •refused to pay more than $18.90 a day for a substitute rental car; •represented to Darr and other class members that they only reimbursed $18.90 regardless of the vehicle damaged or the needs of the owner of the damaged vehicle; •concealed that they may reimburse more than $18.90 per day; •failed to rent a vehicle for those incapable of leasing substitute vehicles, either due to financial circumstances, credit history or age; and •violated the Illinois Consumer Fraud Act. Darr claims he is not seeking an amount greater than $75,000 for his individual damages, and also stipulated no class member damages will exceed $75,000, and the class as a whole is not seeking damages in excess of $5 million.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Insurance Cases of Interest A class action has been filed against Aetna Health, Inc., a subsidiary of healthcare giant Aetna, Inc., on behalf of Pennsylvania residents (1) who, between September 26, 1999, and the date of the final judgment in the action, were injured in a motor vehicle accident while insured under an Aetna heathcare plan; and (2) whose tort recovery from the accident was subject to a lien asserted by Aetna. The action seeks compensatory and statutory damages for monies collected via the liens as well as injunctive and declaratory relief.
Several class actions have been filed against insurance provider The St. Paul Travelers Companies, Inc., and certain of its officers and directors on behalf of all Travelers Property Casualty Corporation Class A and Class B shareholders (formerly NYSE: TAP.A, TAP.B) whose shares of Travelers were automatically exchanged for shares of The St. Paul Travelers Companies, Inc., on or about April 1, 2004, and also on behalf of all purchasers of the common stock of the St. Paul Travelers Companies, Inc. (NYSE: STA), between April 2, 2004, and August 5, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The parties have reached a $5 million settlement in a class action filed against Florida-based auto dealer Ferman Management Services Corporation and several affiliated dealerships on behalf of persons who bought or leased a vehicle from a Ferman dealership between July 1, 1998, and December 31, 2002. The action alleged that the dealerships failed to give adequate disclosure of finance and insurance products on its standard sales and lease agreements, in violation of Florida consumer protection law. Persons eligible to take part in the settlement should contact the attorneys for the class for more information. Three class actions pending against Lawyers Title Insurance Corporation, American Pioneer Title Insurance Corporation (now known as Ticor Title Insurance Company of Florida) and Fidelity National Title Insurance Corporation have settled. These companies have joined Florida's largest title insurer, Attorneys & Title Insurance Fund, Inc., (known as "The Fund") in settling actions alleging that the insurers overcharged persons that pay the premiums for title insurance in Florida. A class action has been filed against seven insurance companies on behalf of residents of Maryland, North Carolina, Virginia, West Virginia, Delaware, New Jersey and the District of Columbia, who held flood insurance policies and suffered damage to their houses in September 2003 from Hurricane Isabel. The action alleges that the companies violated their contracts by failing to deliver benefits promised to policyholders. Kahn Gauthier Swick is investigating claims against UnumProvident Corporation, the largest disability insurance company in the U.S., for wrongfully denying claims, or for ending benefits on claims they had originally approved. |
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