CHARLESTON, S.C. (Legal Newsline) – Motorists have filed a class action lawsuit against insurers, alleging they are unjustly enriched by users of the Tow Busters policies.
Karen Gibson and Letesha Nesmith filed a complaint on behalf of all others similarly situated in the U.S. District Court for the Southern District of Florida against Confie Insurance Group Holdings Inc., Driver's Choice Insurance Services LLC and Nation Motor Club LLC, doing business as Nation Safe Drivers alleging breach of contract, unjust enrichment and other counts.
According to the complaint, the plaintiffs allege that they suffered damages from being misled into purchasing a road side assistance plan. The plaintiffs holds Confie Insurance Group Holdings Inc., Driver's Choice Insurance Services LLC, Nation Motor Club LLC, doing business as Nation Safe Drivers responsible because the defendants allegedly do not provide credit to their costumers after an existing policy lapses mid-term for the unexpired term of a prepaid Tow Busters membership plan.
The plaintiffs request a trial by jury and seek actual and treble damages, restitution, statutory damages, incentive payment, court costs and any further relief the court grants. They are represented by James M. Griffin and Margaret Fox of Griffin & Davis LLC in Columbia, South Carolina; Richard A. Harpootlian of Richard A. Harpootlian PA, also of Columbia; and Herbert W. Louthian Jr. of Louthian Law Firm PA in Columbia.
U.S. District Court for the Southern District of Florida Case number 2:16-cv-02872-DCN