Breach of Contract Claim Dropped Against Hanover Insurance for Job Involving 2007 Lexus
July 13, 2011
A breach of contract claim made against Hanover Insurance in a federal lawsuit has been dropped by the New York auto glass shop owner who filed the suit. David Harner of Auto Glass of Westchester Windshield Doctor filed the suit against Hanover and 13 other insurers, along with two third-party administrators and their owners, in April, alleging breach of contract, fraud, unfair claims settlement practices, restraint of trade, anti-trust, and coercion, among other charges.
In Harner’s original complaint, he alleged that the insurers named in the suit “have entered into contracts with the insured persons named … [who] had comprehensive insurance coverage on the automobiles identified that would fully pay for repair or replacement of auto glass on that indentified automobile.” However, he alleged that the named insurers have failed to pay the covered insurance claims listed in a timely manner, “breaching their contract[s] with those insureds.”
He details specific invoices involving each insurer, including a claim submitted to Hanover on August 3, 2010, for $147.10 for a windshield repair on a 2007 Lexus IS250. Harner says Hanover paid his company $162.98 on January 4, 2011, though his original complaint notes that the payment was received “more than five months later than required by law.”
Harner says the other causes of action filed against Hanover will remain, according to court documents.
Harner also dropped his breach of contract claim against Unitrin in June, noting that the company had paid charges of $435.75 submitted to it on December 30, 2010, for a windshield replacement on a 2006 Volkswagen Jetta, since the filing of the complaint.
A hearing in the case was scheduled for Monday, July 11. Harner declined to comment on the hearing, and the court has not released any information about the day’s proceedings.
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