Settlement Structure: Claims Made
Active: Closed
Closed Settlement Statement:
According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.
Case Summary:This settlement resolves a class action against USAA General Indemnity Company, United Services Automobile Association, USAA Casualty Insurance Company, and Garrison Property and Casualty Insurance Company. The complaint claimed the companies had improperly deducted nonmaterial depreciation when adjusting certain claims in Tennessee and Mississippi.
Docket Number:2:19-cv-02283-SHL
Company: United Services Automobile Association (USAA)
Filing Deadline: October 19, 2020
Class Period: August 21, 2016 to November 1, 2017
Objection Deadline: August 3, 2020
Exclusion Deadline: August 3, 2020
Final Approval Hearing: September 4, 2020
Proof of Purchase:You are not required to provide proof of the loss, but the claim form asks for information such as your policy number. It does ask for proof of assignment if you assigned the insurance claim to a contractor.
Eligibility:You may be eligible if you hold (except for those excluded) a homeowners residential property insurance policy issued by one of the defendants in this case who made (1) a structural loss claim for a covered loss for property in Tennessee of Mississippi during the applicable class period, (2) that resulted in an actual cash value payment from which nonmaterial depreciation was deducted, or that would have resulted in an actual cash value payment if the withholding of nonmaterial depreciation hadn’t caused the loss to fall below the deductible.
Different class periods have been defined for the different defendants in this case. They all fall between August 21, 2016 and November 1, 2017. For exact dates, and for persons excluded from the class, see the Notice at https://koestersettlement.com/Portals/0/Document%20Files/Koester%20v%20USAA_Notice_English.pdf?ver=2020-06-17-152609-000.
Typical Settlement Amount:All or a portion of estimated nonmaterial depreciation withheld and not subsequently paid, plus 5% interest. Tennessee class members: 100%; Mississippi class members: 80%. If the nonmaterial depreciation was subsequently paid, plus 5% interest from the date of the payment from which the depreciation was withheld to the date it was paid.
Total Settlement Amount: Unknown
Class Representative Proposed Incentive Fee:$5,000
Law Firms:
Gilbert McWherter Scott Bobbitt PLC
Larson King
Mehr Fairbanks & Peterson Trial Lawyers PLLC
Claim Form: USAA Nonmaterial Depreciation Settlement Claim Form
Case Name: Koester, et al., v. USAA General Indemnity Company, et al.
Settlement Website: USAA Nonmaterial Depreciation Settlement Website
Claims Administrator:
Rust Consulting, Inc.
Koester Settlement Administrator – 6945
c/o Rust Consulting
PO Box 44
Minneapolis, MN 55440-0044
1-855-263-3445