“Failure to Pay Claims” Allegations Dropped Against Hanover in Harner Suit
December 2, 2011
David Harner, the owner of Auto Glass of Westchester Windshield Doctor in Westchester, N.Y., has removed Hanover Insurance from the “Failure to Pay Assigned Insurance Claims” allegations in the suit he filed in May against 14 insurers, along with third-party glass claims administrators (TPAs) LYNX Services and Safelite Solutions, according to court documents. This is the second cause of action dropped against Hanover in the case; in July, Harner removed the breach of contract claim against Hanover as well.
Harner, who is representing himself in the case, has included several allegations in the suit, including failure to pay assigned claims, fraud or intentional misrepresentation, deceptive acts, restraint of trade and unfair business practices, and tortious interference—though he lists specific insurers of the 14 under each charge. He is seeking $2 million plus court costs.
In the latest move in the case, Harner says Hanover “was mistakenly included in [the] first cause of action, failure to pay assigned insurance claims.” However, he says the change “shall not affect any other cause of action against … Hanover.”
In the failure to pay claims charge, from which Hanover has been removed, Harner accuses Allstate, Geico, Hartford, Liberty Mutual, Merchants, Metropolitan, Nationwide, Peerless, Progressive, State Farm, Travelers and USAA of “unreasonably, intentionally, purposefully, and with full knowledge of the consequences of their actions … fail[ing] to pay [him] for the services he had rendered to persons insured by them, and … fail[ing] to deny those claims, where [he] has submitted properly executed invoices and assignments of claim naming the plaintiff as assignee of the benefits of those insurance contracts.”
He lists several specific cases, dating as far back as July 2009, in which he alleges the insurers named still owe him for work completed for their insureds. These are cataloged in varying amounts ranging from $147.10 to $840.21.
Stay tuned to glassBYTEs.com™/AGRR magazine for more on the case as it becomes available.
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