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Class Certification Granted for Florida Homeowners

July 10, 2012

American Banker reported on a win for homeowners in a Florida class action against Wells Fargo & Co. and QBE Insurance, Inc. over their practices with force-placed insurance. In the force-placed insurance case, a Florida district court judge granted the plaintiffs’ motion for class certification for a class of Florida homeowners seeking damages arising from charges assessed against them by Wells Fargo and related entities for force-placed homeowner’s coverage.

Documents submitted in connection with class certification briefing showed that QBE paid out 40 percent of total force-placed premiums as commissions to Wells Fargo and subsidiaries. Less than 10 cents out of every premium dollar went to paying claims, a loss ratio that would be deemed unacceptable in most states. The National Association of Insurance Commissioners states that premiums should be set at a rate which will yield a payout of 60% on claims. Evidence in the case suggests that Wells Fargo was willing to have its customers charged such high premiums for force-placed insurance coverage because Wells Fargo and its subsidiaries received substantial unearned kickbacks and commissions directly tied to the hefty premium charges.

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“We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I’m glad I did.” 

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