fbpx

USAA Casualty Insurance Termite Damage Depreciation Class Action

Plaintiff Mona K. Levine insured her property against certain losses with USAA Casualty Insurance. When termites caused a collapse and other damage, the complaint alleges, USAA incorrectly calculated the payment due to her.

The class for this action include all persons in Florida who meet the following criteria:

  • They were insured by USAA Casualty Insurance under a policy that says USAA will pay the cost of repair or replacement of damaged property, after the subtraction of a deductible and without deduction for depreciation, if at the time of the loss the amount of insurance on the damaged building was 80% or more of the full replacement cost of the building immediately before the loss.
  • They suffered a loss to the insured property for which USAA acknowledged coverage and made payment after deducting depreciation.
  • Their insurance on the damaged building at the time of the loss that was 80% or more of the full replacement cost of the building immediately before the loss.

On or about May 20, 2015, while plaintiff Levine’s insurance policy with USAA was in force, the complaint says, the insured property suffered a collapse and other physical damage caused by hidden termites. When Levine reported the loss, the complaint says, USAA investigated, acknowledged that the loss was covered, and issued payments for it, but in one of its payments deducted $51,076.25 in depreciation.

According to Levine, however, her policy with USAA required that the company make payments for this loss without deducting depreciation. When she demanded appraisal under the policy to resolve the disagreement, USAA refused to participate. According to the complaint, USAA has gone against the terms of its policies in this way at other times as well.

Therefore, the complaint says, Levine is filing both individual and class claims for breach of contract as well as requesting something called “declaratory relief.” According to the complaint, USAA says that the loss is covered subject to certain conditions, limitations, and exclusions, but has not specified which portions of the loss are not covered or given any reasons for the non-coverage. The complaint therefore claims there is a bona fide controversy requiring judicial interpretation and asks the court to make a declaration concerning the existence or non-existence of facts and rights. These would include the following:

  • That the claim is a covered loss under the policy;
  • That the policy contained coverage for the incident at the time of the loss;
  • That USAA has a duty to adjust the claim and loss in full;
  • That USAA has a duty to issue full payment for the loss and claim;
  • That USAA has a duty to issue payment to Levine for the entire loss; and
  • That USAA was required to participate in or complete appraisal under the policy. 
Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

USAA Casualty Insurance Termite Damage Depreciation Complaint

June 16, 2017

The complaint for the USAA Casualty Insurance Termite Damage Depreciation Class Action alleges that USAA did not pay the full amount of a claim under one of its insurance policies for termite damage, but instead deducted depreciation, and refused to participate in an appraisal to resolve the dispute. The complaint makes individual and class claims and also asks the court to make a declaration about the existence or non-existence of facts and rights in the case under the policy.

Attached to the end of this document are two other documents: a request from the plaintiff for a change of venue to Miami-Dade County and an order granting the request.

usaa_termite_damage_complaint.pdf

Case Event History

USAA Casualty Insurance Termite Damage Depreciation Complaint

June 16, 2017

The complaint for the USAA Casualty Insurance Termite Damage Depreciation Class Action alleges that USAA did not pay the full amount of a claim under one of its insurance policies for termite damage, but instead deducted depreciation, and refused to participate in an appraisal to resolve the dispute. The complaint makes individual and class claims and also asks the court to make a declaration about the existence or non-existence of facts and rights in the case under the policy.

Attached to the end of this document are two other documents: a request from the plaintiff for a change of venue to Miami-Dade County and an order granting the request.

usaa_termite_damage_complaint.pdf
Tags: Deceptive Insurance Practices, Incomplete payment of benefits due