IMPORTANT UPDATEThe deadline to file a Proof of Claim and to cure a deficiency has passed. If you have questions about a previously filed claim, please contact us. |
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Notice Regarding Payments Relating
To Lender-Placed Insurance Policies
American Modern Insurance Group, Inc. (“AMIG”) and its related companies conducted a review of their lender-placed insurance policies, including those issued to Sovereign Bank, N.A. (n/k/a Santander Bank, N.A.) (“Santander”) and Litton Loan Servicing, LP (“Litton”) at the request of state insurance regulators. AMIG determined that it would review policies issued to Santander, Litton and others that became effective between January 1, 2009 and March 31, 2013, and the transactions under those policies, to investigate issues related to the rates charged for the coverage provided. AMIG has agreed to provide certain borrowers with an opportunity to submit a claim for payment up to their Estimated Maximum Benefit amount. The Estimated Maximum Benefit is the most you would be eligible to receive after you file a claim and no other claim or information was submitted on the Certificate(s). The Estimated Maximum Benefit does not include interest that would be payable on any claim or portion of the claim that may be approved.
Two pending class actions allege claims against AMIG and others concerning the amounts charged under lender-placed insurance certificates, including allegations that some premiums charged were in excess of the allowable rate, Jimmy Lyons, et al. v. Litton Loan Servicing LP, et al., Case No. 13-CV-00513, United States District Court for the Southern District of New York, and Gerard Laffan v. Sovereign Bank, N.A., et al., Case No. 5:13-cv-04040-JLS, United States District Court for the Eastern District of Pennsylvania. AMIG disputes any liability or damages to the plaintiffs in those cases, and this claims process is not related to those cases, but rather is being performed at the request of state regulatory authorities. If you participate in this process and receive a payment, you will NOT be asked to waive or release any claims being asserted in the class actions. However, your receiving a payment under this claims process could impact certain legal rights or damages asserted on your behalf in those cases. These rights may be important. Before participating in this claims process, you may wish to consult an attorney.
Lender-placed insurance is insurance taken out by a bank, lender or mortgage servicer when the insurance required by the terms of the loan is not maintained. This can occur if the borrower’s insurance policy lapses or if the bank, lender or mortgage servicer determines that there is not a sufficient amount of coverage.
Eligibility Requirements to Participate in the American Modern LPI Claims Administration
To participate in the American Modern LPI Claims Administration, you must have had property that was covered by a Certificate issued under a lender-placed insurance policy issued by AMIG1 during the period between January 1, 2009 and March 31, 2013.
You may be eligible even though you did not pay AMIG any premium directly for the lender-placed insurance, but Santander or Litton may have deducted the charges from your escrow account for these premiums or taken other action to collect these amounts from you.
1 The insurance policy that was issued by AMIG could have been issued by any of the following AMIG entities: 1) American Modern Home Insurance Company (in CA d/b/a American Modern Insurance Company); 2) American Modern Select Insurance Company; 3) American Family Home Insurance Company (in CA d/b/a AFH Insurance Company); 4) American Southern Home Insurance Company; or 5) American Western Home Insurance Company.