Thomas Eames, Roberta Eames and Tammy Eames tried to file a class action lawsuit on behalf of policy holders against the insurance company alleging misrepresentation regarding the limits of liability for Personal Injury Protection (PIP) coverage included in Nationwide insurance policies. A Delaware Federal District Court granted Nationwide Insurance's motion to dismiss the class action. Counts dismissed include declaratory judgment, breach of insurance contract, bad faith, conspiracy and consumer fraud causes of action. The court found that "the insurance contract unambiguously provides for the $15,000/$30,000 limit" despite allegations that non-contractual documents used the ambiguous word "full" to describe PIP limits and thereby fraudulent induced policyholders into thinking they had greater coverage than they actually purchased. (Feb-02-06)
Information Provided By: [Swartz Campbell LLC]
