Ten Illinois residents filed a class action lawsuit against Allstate Insurance Company alleging the insurance company charges different premiums to customers with the same risks.
The plaintiffs allege Allstate violated the Illinois Consumer Fraud and Deceptive Business Practices Act and was unjustly enriched. According to the complaint filed May 25 in St. Clair County Circuit Court, Illinois law mandates that insurers treat like risks alike and different risks differently.
"Indeed, this fundamental concept underlying what is commonly referred to in insurance parlance as fair discrimination," the complaint states. "Unfair discrimination in premium rates, or fees, on the underhand is prohibited."
Unfair discrimination is the practice if charging different premiums, policy fees, or rates to individuals with similar insurance risk.
"Through the simultaneous use of multiple and differing insurance scoring schemes, Allstate has continuously and systematically engaged in an unlawful pattern and practice of unfair discrimination against consumers in Illinois in the determination of rates, premiums, policy pricing and/or availability of insurance," the complaint alleges.
The plaintiffs claim the use of multiple and differing scoring schemes is not based on sound actuarial principles. They also allege Allstate has used them as a basis for charging varying premiums even though they all have similar risks.
"Allstate's acts or practices were unfair as they offended public policy, are immoral, unethical, oppressive, or unscrupulous and cause substantial injury to consumers," the complaint states.
Allstate's alleged "immoral and unethical practices" serve only to benefit Allstate at the expense of the consuming public, plaintiffs claim.
"These acts resulted in Allstate receiving millions of dollars in revenue to which they are not entitled," the complaint alleges. "Allstate's unfair acts served no purpose other than to increase its own profits."
The plaintiffs' claim they were unaware of Allstate's alleged wrongful conduct and were unable to discover it until 2006.
"All Illinois residents who purchased or renewed an Illinois private passenger automobile and/or homeowners' insurance policy from Allstate Insurance Company, Allstate Property and Casualty Insurance Company, or Allstate Indemnity Company and who suffered monetary losses as a result of Allstate's simultaneous use if multiple and differing insurance scoring schemes," are eligible to join the class.