Settlement Structure: Claims Made
Active: Open
Case Summary:Commerce West Insurance Company is paying nearly $400,000 to settle a class action alleging that it made insufficient payouts to some of its policyholders after accidents under its uninsured or underinsured motorist property damage provisions. The complaint alleged that the company did not compensate policyholders for the diminished value of their vehicles when they suffered damage that meant they could not be fully repaired or restored to their original condition.
Docket Number:19-2-08244-1
Company: Commerce West Insurance Company
Filing Deadline: September 7, 2020
Class Period: May 29, 2013
Objection Deadline: June 24, 2020
Exclusion Deadline: June 24, 2020
Final Approval Hearing: July 24, 2020
Proof of Purchase:Class members are required to attest to certain statements. Presumably company records will be used for verification of damage claims.
Eligibility:You may be eligible if, after May 29, 2013, Commerce West Insurance Company paid to have your vehicle repaired under an underinsured motorist property damage provision of a Commerce West Insurance Company policy issued in Washington, and
- The repair estimate on your vehicle 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 miles on it at the time of the accident; and
- Your vehicle suffered structural or frame damage and/or deformed sheet metal or required body or paint work.
Note that you are not eligible if at the time of the accident
- You were leasing your vehicle;
- Your vehicle was declared a total loss; or
- Your covered accident occurred before May 29, 2013.
Payment, estimated to be several hundred dollars per valid claim, to be calculated by a formula considering repair costs against the number of claims and the value of the net settlement fund. Some claims will receive only one-half the value of the payment on their claim. For additional information, see the Settlement Agreement at https://assets.website-files.com/5e96212ea358991fbe7b489a/5e962434c7d93057859c4a9d_Settlement%20Agreement.PDF.
Total Settlement Amount: At least $390,960
Class Representative Proposed Incentive Fee:$7,500
Law Firms:
Law Office of Scott P. Nealey
Law Offices of Stephen M. Hansen PS
Claim Form: Commerce West Insurance Payment for Auto Structural Damage Settlement Claim Form
Case Name: BALL v. Commerce West Insurance Company
Settlement Website: Commerce West Insurance Payment for Auto Structural Damage Settlement Website
Claims Administrator:
CPT Group Inc.
Ball v. CWIC Settlement Administrator
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
CWICSettlement@cptgroup.com
1-888-992-0610