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Class Action: We are looking for individuals who were wrongfully charged deductibles

Posted by administrator 
Class Action: We are looking for individuals who were wrongfully charged deductibles
January 21, 2010 12:04PM
Rec via email

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Wrongful Application of Deductibles

My name is Joseph Watkins. I am an attorney specializing in bad faith in Tucson, Arizona. I am currently handling a class action lawsuit in federal district court titled Rodriquez vs, Farmers Insurance. The lawsuit involves cases where deductibles were charged wrongfully. Specifically, in any claim or any policy limit was exceeded by an amount greater than the total deductible, the deductible must be refunded. For instance, if you have a contents loss of $20,000 with $50,000 in total coverage, Farmers will normally charge your full deductible against the loss. However, if there was a sub limit of, for example, $2500 for furs and the loss involved $5000 in damage to fur coats, Farmers must absorb or refund the deductible up to $2500 even though the loss was under the total contents limit for coverage.

The deductible is usually charged on the first check issued. If any policy limit is exceeded after that point in time the deductible must be refunded. This is true of any limit not just the larger limits.

Please contact:
Joseph W. Watkins
6303 E. Tanque Verde, #210
Tucson, AZ 85715

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In June 2008 I purchased Home owners insurance for a house I just bought through Farmers in Alabama.At that time they seem to be doing everything by the book.They gave me a resonable quote of around $636.19 for the whole year.Well on Febuary 21rst I recived a letter in the mail from My escro company telling me thier is a shortage of $736.00.And this is also makeing my fixed rate monthly mortgage payment go up a hundred dollars.I immeditaly contacted My Home Mortgage people and asked what in the world is going on.They told me that Farmers Went up on my insurance in April of 2009.The Escro company told me that when they went to pull the agreed upon amounts due that Farmers keept giving them a higher amount untill thier was nothing else to pull from it and put my account in Jeopardy.On the letter I got from the Escro company also stated that it was my "hazzard" insurance.TO make a long story short my preminum went from $636.19 a year to $936.00 a year.A whole 300 dollars!!!! I went to Farmers to find out why.I have never filed a claim nor file a loss with them at any given time.The agent told me that its because of all of the law suites out aginst them right now that they dont have enough money to cover it so they raised everybodys to help make up for thier losses.Why should I have to suffer from thier poor excuse for a company??? Remember Everyone Please Spread the word DO NOT USE SCAMMERS(FARMERS)INSURANCE!

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is this lawsuit currently active. My husband received something in the mail recently that he needed to fill out for the lawsuit but he misplaced it. Thank you.

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I obtained a "Builder's Risk" policy jointly through Farmers Insurance and Zurich. Both policies were issued to me by Farmers and both carried a 1,000.00 Deductible. I had hired a contractor to build a small home. The total policy was for 93,000.00 for the structure being built. I never got or received a booklet outlining my coverages so I never knew what exactly was covered. A large problem developed with the Bogus Contractor when I found out he was wanted for criminal charges relating to drugs and building violations in the state of Alabama. He was arrested and I was left with a partially built home. It did not have electricity ran to the home but I was called letting me know that the home had completely burned to the ground. A massive Arson investigation ensued. While I did not know whether or not anything was covered under my policy, they sent out the top guys for Arson Investigation (large claim loss dept). They determined that the structure was 28% completed and Farmer's Insurance and Zurich decided to each bear half the burden of loss. Each paid 14,000.00 for the total loss of my home which was insured at 93,000.00. I did not understand this then and I understand it less now. Why both companies only paid half is questionable to me. They also both applied my deductible from the final payment. Does anyone know if this is legal? Again it was a 'Builders Risk" policy that I had to obtain after learning the so called contractor did not have insurance of his own. Any input or information would be greatly appreciated. This was 4 years ago and I received a class action lawsuit form for deductible reimbursement which I still do not understand. Thank You Greatly.

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