Darr v Affirmative Insurance Company
Lawsuit filed against Affirmative Insurance Company
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.
