5th Circ. Finds Taxes Not Included In Car Insurance Payout

Law360 (March 18, 2020, 4:58 PM EDT) -- The Fifth Circuit ruled Wednesday that a car insurance policy promising to pay owners the cash value of a totaled vehicle does not include taxes and fees to replace it, shooting down an appeal from a proposed class of car owners who took their insurer to court.

The three-judge panel affirmed a Texas federal court decision that dismissed claims by Jessica Singleton and Tony Cooper, who had said that their insurer, Elephant Insurance Co., broke their contract by not factoring in the taxes and fees for their cars, which were totaled in unrelated accidents.

While the insurance policy does not define...

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