Woman sues insurer for not paying claim on stolen, burned vehicle

Ann Knef Feb. 20, 2008, 6:00am

Latisha Hardin filed suit against Affirmative Insurance Co. seeking the replacement value of a 2000 Pontiac Bonneville SLE that was stolen and burned in August 2007.

According to a suit filed Feb. 15 in St. Clair County Circuit Court, Hardin claims she has complied with all conditions of her automobile insurance policy, but Affirmative "has vexatiously refused" to pay the claim.

"Defendant refuses to pay plaintiff for the replacement value of the vehicle and rental expenses incurred as a result of the loss...," the complaint states.

Represented by Benjamin F. Goldenhersh of Goldenhersh & Goldenhersh of Belleville, Hardin also seeks rental and court costs, as well as 60 percent of the amount of compensatory damages.

She also reserves her right to amend the complaint to include punitive damages.

"Plaintiff has done everything she could reasonably do to cooperate, regarding securing and giving defendant evidence, and has not made any false statements with the intent to conceal or misrepresent any material fact or circumstance in connection with her claim," the complaint states.

"To the best of plaintiff's knowlege, plaintiff has done everything reasonably required of her to fulfill the provisions of the Policy."

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