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The Villages
Sunday, December 8, 2024

Spruce Creek couple sues State Farm over hail damage mitigation

A local couple is suing State Farm Insurance for allegedly not reimbursing the homeowners for the cost of repairs to their home after it was allegedly damaged by wind and hail.

Robert and Susan Fotheringham filed the lawsuit against the insurance company in the fifth judicial circuit court of Marion County on Oct. 17.

According to the complaint, the couple purchased property insurance for their home at 8984 SE 119th Street, in Del Webb’s Spruce Creek Country Club in the city of Summerfield.

8984 SE 119th St in Summerfield
8984 SE 119th St in Summerfield (Photo: Zillow)

The Fotheringhams say that on April 27, 2023, their home suffered “wind and/or hail damage.”

“During the policy period of November 19, 2022 – November 19, 2023, plaintiffs’ property was damaged by a wind and/or hail event,” reads the complaint.

The Fotheringhams say they filed a claim with the insurance provider and that the company “assigned the loss” a claim number. They accuse the insurer of not reimbursing them after the claim was filed.

“This is an action related to [State Farm Insurance Company’s] breach of contract for failure to fully indemnify [the Fotheringhams] from loss,” reads the complaint.

The Fotheringhams are seeking damages “less than $50,000, exclusive of interest, costs, and attorney’s fees.”

According to Marion County property records, the couple purchased the property in November 2021 for $389,900.

The Fotheringham’s lawsuit is one of several lawsuits that have been filed against State Farm by local residents in and around The Villages who have made similar claims.

That includes a Village of Summerhill resident who sued State Farm on Oct. 6. That resident alleges he has not been reimbursed for the cost of repairs he made to his home after a storm  “on or about April 25, 2023.”

Another couple that lives in Summerfield sued State Farm Insurance for repairing hail damage to their home that allegedly occurred during the same storm.

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