Settlement Structure: Claims Made
Active: OpenCase Summary:
When vehicles are in accidents that cause damage to their structural systems, it may not be possible to repair them to their original condition. Their value will be diminished, or less than it would have been had they not been in an accident. This settlement resolves a class action against a number of insurance companies about this kind of diminished value. The complaint claimed that the companies did not pay or did not pay adequately for this kind of loss under their Washington policies’ uninsured or underinsured motorist property damage loss (UMPD) provisions and thus breached their insurance contracts.
The settling defendants include Allstate Fire & Casualty Insurance Company, Allstate Insurance Company, Encompass Insurance Company of America, Encompass Indemnity Company, Allstate Indemnity Company, Allstate Property and Casualty Insurance Company, Esurance Insurance Company, and Esurance Property & Casualty Insurance Company.Docket Number:
Company: Allstate Fire & Casualty Insurance Company
Filing Deadline: September 30, 2021
Class Period: July 6, 2009 to December 4, 2020
Objection Deadline: June 18, 2021
Exclusion Deadline: June 18, 2021
Final Approval Hearing: August 16, 2021Proof of Purchase:
You do not have to submit proof. Presumably company records will be used for verification.Eligibility:
You may be eligible if one of the settling defendants paid to have your insured vehicle repaired during the class period listed below for that defendant, under the UMPD provision of an insurance policy issued by the defendants in Washington between July 6, 2009 and December 4, 2020, and
- The repair estimate, including supplements, totaled at least $1,000,
- Your vehicle was no more than six years old (model year plus five years) and had less than 90,000 on it at the time of the accident, and
- Your vehicle had structural (frame) damage or deformed sheet metal or required body or paint work.
The class periods for the different companies are as follows:
- Allstate Fire & Casualty Insurance Company: between July 6, 2009 and December 4, 2020.
- Allstate Insurance Company: between January 11, 2019 and December 4, 2020.
- Encompass Insurance Company of America and Encompass Indemnity Company: between March 10, 2017 and December 4, 2020.
- Allstate Indemnity Company, Allstate Property and Casualty Insurance Company, Esurance Insurance Company, and Esurance Property & Casualty Insurance Company: between November 25, 2014 and December 4, 2020.
You are not eligible if, at the time you had your accident, (1) your vehicle was leased, (2) your vehicle was declared a total loss, or (3) your covered accident was outside the dates in the class period above for your insurance company. You may not be eligible even if you received a Notice.Typical Settlement Amount:
Payments will be calculated according to a formula that takes into account the cost of your repairs and the total cost of all repairs for all class members. The average payout for this settlement is estimated to be in the range of several hundred dollars.
Total Settlement Amount: $10,092,600Class Representative Proposed Incentive Fee:
Law Office of Scott P. Nealey
Law Offices of Stephen M. Hansen PS
Case Name: Kogan v. Allstate Fire & Cas. Ins. Co.
Settlement Website: Allstate Diminished Value Insurance Payments Settlement Website
Epiq Class Action & Claims Solutions, Inc.
Questions should be directed to Class Counsel:
Scott P. Nealey
Stephen M. Hansen