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Court: Farmers Insurance Broke Law, Can Keep Money

December 15, 2008

A California appeals court says Farmers Insurance broke the law by failing to disclose a $5 service charge — but the company won’t have to pay back more than $115 million it collected.

The 4th District Court of Appeal in Santa Ana ruled that Farmers did violate a state code by failing to disclose the $5 it adds to monthly premiums to cover billing costs. The fee isn’t charged to customers who pay the premium in a lump sum.

A class-action lawsuit accused Farmers of unfair competition and a lower court in San Diego ordered it to repay policyholders about $115.6 million.

But the appellate court threw out the award, saying the plaintiff lacked standing to sue because he didn’t show he would have rejected the policy because of the fee.

Topics Agribusiness

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Latest Comments

  • December 17, 2008 at 2:51 am
    JCB says:
    Yes, the monthly billing agreement states there will be a service charge. It's not always $5.00 but varies depending on the total monthly premium.
  • December 16, 2008 at 3:38 am
    hugh? says:
    ok what does GAS tax have to do with a service charge? someome please expalin this to me ! none dicscolsure is the same as fraud !! what other laws have they broken? and go... read more
  • December 16, 2008 at 3:05 am
    Bart says:
    Yes, the insured is given a bill that has two parts, one is sent with the payment and the other has when the second half is due with the service charge for the split payment o... read more

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