Class Action Lawsuit Filed Against Hartford Insurance
Two Miami couples have filed a class action lawsuit against The Hartford Insurance Company, alleging the company has not properly paid claims related to destruction from Hurricane Wilma in 2005.
Irwin and Claudia Mounsey and Fred and Muriel Godfrey filed the suit in Broward County Circuit Court Wednesday. According to the suit, “the plaintiffs and members of the class have suffered damages as a result of damage to their homes and personal property from Hurricane Wilma, which are covered losses under the terms of the policy of insurance.”
Plaintiffs lawyer Steven R. Simon, said the company violated Florida law because it improperly reimbursed Floridians who had policies with Hartford Insurance. According to the law, Simon said, the insurers must pay their policyholders on policies issued with replacement cost coverage, whether or not the policyholder replaced the damaged or destroyed property.
“Hartford has improperly reimbursed insureds at the actual cash value as opposed to the replacement cost value for damage to their dwelling and/or personal property,” the suit reads.
The lawsuit alleges that the company saved millions by failing to comply with the statute, and that it was given the opportunity to pay the replacement coverage, but refused to do so.
A spokeswoman for Hartford Insurance did not respond to a request for comment.
Simon said in a statement that the suit was filed to protect Floridians insured by the company who may not know that they were entitled to the money whether or not they replaced or repaired the damaged property.
“We were surprised by The Hartford's refusal to pay the claims based on replacement cost coverage as required by the statute,” he said. “The policyholders had purchased replacement cost coverage without having to first replace the damaged or destroyed property.”