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This settlement is closed!
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If Fire Insurance Exchange, which markets policies under the Farmers service mark, applied depreciation when calculating a payment made to you on a property loss insurance claim, you may be entitled to benefits from a class action settlement.
The Fire Insurance Exchange class action lawsuit challenges the method that Fire Insurance Exchange uses to determine the actual cash value of lost or damaged property. According to the class action lawsuit, Fire Insurance Exchange was required to take depreciation on lost or damaged property based only on the physical condition of the property before it was lost or damaged, and that instead Fire Insurance Exchange took excess depreciation under depreciation schedules based on the age of the lost or damaged property.
The class action lawsuit also alleges that Fire Insurance Exchange improperly applied depreciation to certain structural items that the plaintiffs contend are exempt from depreciation altogether.
Fire Insurance Exchange denies all allegations of wrongdoing but agreed to settle the class action lawsuit to avoid the cost and risk of trial.
If you wish to exclude yourself from or object to the Fire Insurance Exchange settlement, you must do so no later than Nov. 24, 2015.
UPDATE: Final Approval of this settlement was granted on Feb. 23, 2016.
Who’s Eligible
You are a Class Member of the Fire Insurance Exchange settlement if:
- You are or were insured on a Fire Insurance Exchange policy;
- You suffered a loss of or damage to contents and/or structure that was covered under a policy;
- You submitted an insurance claim to Fire Insurance Exchange for the loss or damage;
- You received one actual cash value property loss payment on the insurance claim on or after May 6, 2010, and Fire Insurance Exchange applied depreciation in determining the actual cash value of the lost or damaged property in connection with that insurance claim;
- Your insurance claim had all “Claims Units” closed as of March 31, 2015; and
- Your insurance claim includes at least one “Eligible Claims Unit.”
Under the terms of the class action settlement, “Claims Unit” means either contents or structure claims unit as reflected in Fire Insurance Exchange’s claims file for an insurance claim.
“Eligible Claims Unit” means any Claims Unit except and excluding: (a) a Claims Unit for which payments made by Fire Insurance Exchange were equal to or exceeded all applicable limits or sub-limits in the applicable policy; (b) a Claims Unit with no “Net Outstanding Depreciation,” (c) a structure Claims Unit with a total loss paid on a fair market value basis; or (d) a contents Claims Unit in which an insured making an Insurance Claim submitted information on the MyPropertyLoss.com Website, on or after Nov. 1, 2012, about lost or damaged contents items.
“Net Outstanding Depreciation” means the amount of total replacement cost estimated by Fire Insurance Exchange minus the total of (a) applied deductible, (b) paid actual cash value and (c) paid recoverable depreciation.
Potential Award
Varies. Class Members who file valid and timely Claim Forms will be eligible to receive 12.5 percent of the Net Outstanding Depreciation on their insurance claim.
Proof of Purchase
N/A
Claim Form
Claim Form Deadline
2/12/2016
Case Name
Alexander v. Fire Insurance Exchange, Case No. BC460992, in the Superior Court of the State of California for the County of Los Angeles
Final Hearing
1/13/2016
Settlement Website
www.AlexanderSettlement.com
Claims Administrator
FIRE Settlement Claims
P.O. Box 2280
Faribault, MN 55021-2415
1-866-686-9802
Class Counsel
Michael von Loewenfeldt
KERR & WAGSTAFFE LLP
Defense Counsel
HINSHAW & CULBERTSON LLP
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2 thoughts onFarmers Fire Insurance Exchange Class Action Settlement
UPDATE: Final Approval of this settlement was granted on Feb. 23, 2016.
My email address, rayfishnc@gmail.Com ,my house was declared a total loss January 24th 2016 I never received a policy AARP has records me repeatedly calling to get a full policy explaining everything I’m entitled to they emailed me just to pieces of paper to print copy showman my coverages and another form talking about leans I called and asked him for the full power said they sent me the same thing just to think two pieces of paper they emailed me I’m a disabled veteran I’m on Aiden attendants now I’m homeless with my dog they were telling me that they’d appreciate my items and pay me now I have to go out and purchase the items before they will reimburse me the replacement cost on my comprehensive policy I was unaware of this is I know declaration form because I didn’t receive the policy or the Declaration Form I was on aware of this had I known because I’m on a fixed income I would have never signed up for policy like this I’m arguing with them everyday and my disability prevent me from doing a lot of things I’m I’m so upset when I go for that house I feel like I’m in a combat zone I can’t live there anymore I need help with somebody trying to get them to play me replacement cost like I was told by a RP over the phone they told me they would pay me whatever the item cost today not when I bought it now they’re telling me I have to go out and purchase the item then they’ll replace it but I have to go out and purchase it where am I going to come up with $50,000 I don’t have the money and it is the policy goes on to explain I read on for most farmers website that you only have three hundred and sixty eight days to do this where you don’t get any of the money my name is Ray for burial I really need help I would appreciate it if someone would call me my phone number is 410-231-4152 you can call me at anytime I hope I really appreciate it thank you so much