INSURANCE CLASS ACTION HELD OVERBROAD AS PLED BUT AMENDMENT GRANTED.

In the case of Hockenbury v. Hanover Ins. Co., No. CIV-15-1003-D, 2016 WL 552967, at *1, *4 (W.D. Okla. February 10, 2016), a Federal Court in Oklahoma granted the insurance company defendant's motion to strike all of the alleged class action claims.  Mr. Hockenbury's claims were essentially bad faith and breach of contract claims.  They included allegations of failure to investigate and underpayment of claims.

Regarding class claims, Mr. Hockenbury alleged a proposed class of

… [a]ll persons who submitted claims to HANOVER for property damage under homeowners or commercial policies issued in or covering property in the state of Oklahoma at any time after February 1, 2009 ….

In the eyes of the District Court, "[t]his proposed class definition is overbroad and unworkable." 

Please Read The Disclaimer.  ©2016 by Dennis J. Wall, author of Litigation and Prevention of Insurer Bad Faith (3d ed. Thomson Reuters West in 2 Volumes, with  Supplements).  All rights reserved.

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