Mario T. Kerr v. American Independent Insurance Company

This lawsuit was filed in the Superior Court for the State of Delaware, Sussex County by Mr. Kerr, an insured, against American Independent Insurance Company. The lawsuit alleges that American Independent Insurance Company, failed to timely pay in whole or in part covered claims for medical expenses, lost earnings or other benefits under PIP coverages as issued by American Independent Insurance Company. Specifically, this class action covers claims of all insureds of American Independent Insurance Company, who allegedly suffered damages when American Independent Insurance Company failed to pay in whole or in part personal injury protection benefits within thirty (30) days after having received written notice of loss and demand for payment, as mandated by 21 Del.C. § 2118(a), and, further, failed to pay the interest on said benefits required by 21 Del.C. § 2118B.

American Independent Insurance Company denies any allegations of wrongdoing. The Court has made no ruling on the merits of Mr. Kerr's claims or the defenses of American Independent Insurance Company, and the Court has made no determination about the strengths and weaknesses of either the Plaintiffs or the Defendant's contentions in this case or that the suit can be maintained as a class action. American Independent Insurance Company denies that any prior PIP settlement payment was not fair or reasonable under the law, the policy and the individual circumstances.

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