How to start a class action law suit?

  • by Jpowersjw
  • May 16,2018
  • 8 answers

Our lake home of 23 years was built on a lake lot, in a lake subdivision. 4 years ago our mortgage services hit us with a "forced placed" insurance separate from the regular mandatory one. After 4 years we'd had enough. We paid for a survey which proved we were not in a FEMA flood zone. FEMA agreed and removed us from the "flood zone" designation. Mortgage services agreed. I wanted my 4 years of payments refunded. They only paid back 1 year. I found out there had been a class action which they conviently chose to leave me out of. Others like me were given 5K. Not me


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Insurance Answers (8)

Beverly S last week

If you had done this years ago it would have stopped then.. You can't go back 4 years, only 1.

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mbrcatz last week

You start, by talking to a lawyer. If there's already been a class action lawsuit regarding an issue, there can't be a second one - you'll have to pay the lawyer up front and sue individually, since you were not a part of the class action lawsuit.

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lucy last week

If, you have cashed the check for the 1 year of premium, then it is possible by cashing the check would bar you from (any) class action that was filed and/or settled.
Now if you have not cashed the check, then I suggest you make an appointment with a lawyer to see if in fact a class action was filed and if you was notified of it and if you can still claim on it or (not).
If a class action had been filed, the odds are you was notified by mail of this and you had a choice to opt in or not. I will usually get on average of 2 or 3 per year of a notice of a class action lawsuit and usually ignore them, since once I read the fine print will see that any funds I would get maybe under $100 or less.

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Insurance Pickle.com last week

Seems to me they appropriately charged you until you got the designation changed.

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Elaine M last week

Class action covers the whole group. You need one lawyer looking at yours specifically.

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Casey Y last week

Who "conveniently" chose to leave you out of the class?
You find multiple people with a similar situation, then find an attorney who specializes in class actions.
Lastly, you need to understand this..every property in the USA is in a flood zone. Those in SFHA (Special Flood Hazard Areas) are required to maintain flood insurance if they have a mortgage... Since the property was listed as being in an SFHA and you didn't buy your own flood policy (which you could have done...at any point through those 4 years) the bank was required to "force place" insurance to protect themselves.
FEMA didn't remove you from the SFHA, you obtained a new flood zone determination for your property and I bet you had to get a survey...could have done this before they obtained that force placed insurance.
Sorry, but I don't think you should even get the 1 year back...

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David and Stephanie last week

If you have info about the class action law suit that was already filed then you can contact the court for the full ruling, and then see if you can still file a claim against the class action settlement.
Its possible that you were notified of the settlement and if you did not file a claim or opt out of the class action, then you've lost your rights to sue for the same issue. An attorney could pull all the public records and determine where you stand on the issue.
That being said, I doubt you will win anything. You had the opportunity to buy your own flood insurance or get a new survey done at any time. You waited 4 years, so not sure why you think you should get a refund for premiums for an insurance policy that was properly in place to cover you at the time.
You could possibly have a case against your title insurance company - if the home was in a flood zone and they missed that info on the title search. But still would only expect about a year of premiums back as a settlement since most people would have done the survey within a year instead of waiting 4 years.

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David 14 last week

You don't. One person is not a class. They didn't leave you out. Either you didn't read the notification or didn't file a claim in time. Legally its over.

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