Tuesday, December 09, 2008

Farmers Insurance Sued Again for Denying Claim

Couple seeks payment from Farmers over damaged foundation claim

By Kelly Holleran

A Jefferson County couple has filed suit against Farmers Insurance Exchange, alleging the company wrongfully denied their insurance claim.

Kenneth and Nancy Mann filed a claim with Farmers Insurance Exchange on May 8 after they discovered damage to the foundation of their home, according to the complaint filed Dec. 3 in Jefferson County District Court.

Although the claim was covered under the Manns' policy, Farmers Insurance Exchange denied it, the suit states.

Because of the company's failure to honor the claim, the Manns suffered up to $50,000 worth of damages to their home and up to $8,800 worth of additional living expenses and paid attorneys' fees of up to $18,000, they allege.

According to the complaint, Farmers Insurance Exchange violated the Texas Insurance Code and the Texas Deceptive Trade Practices Act in the following ways:


-Misrepresented to the Manns a material fact or policy provision relating to their coverage;

-Failed to attempt in good faith to effectuate a prompt, fair and equitable settlement of claim; and

-Refused to pay a claim without a reasonable investigation. javascript:void(0)

The Manns are seeking damages less than $75,000, plus costs and pre- and post-judgment interest.

They are represented by Clay Dugas and Mike Jacobellis of Beaumont.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E182-810

Source: setexasrecord.com

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2 Comments:

Anonymous Anonymous said...

you know wat u should(to da one invented dis website)is to welcome all kinds of ways to rebel from farmers insurance denying claims. Because I myself facing da same situation(no strong foundation) & not knowing how to deal wit? Imagen the community dat already post up. Just so others wouldnt be another victims of farmers insurance.

1/24/2009 9:01 AM  
Anonymous Anonymous said...

Looks like I will be filing suit soon as well. I called a structural engineer to evaluate damage to my home from IKE.At the request of Farmers. Apparently, somewhere between my call, setting up the appointment and meeting the P.E. for the initial evaluation and the 2nd visit to clear up issues with the initial report as requested by the farmers adjuster the P.E. worked for Farmers(not me according to the adjuster) and the P.E. company had a working relationship with Zurich. No one ever told me that before the P.E. said he would see me in court. Well, I hired my own P.E. company and their report directly contradicts Farmers ingognito P.E.

3/03/2009 5:48 PM  

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