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USAA Total Losses Sales Tax Ohio Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

This settlement resolves a class action against United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, and Garrison Property and Casualty Insurance Company, alleging they breached their auto insurance policies in Ohio by failing to pay all money due when Ohio insureds suffered total losses. The complaint alleged the companies improperly paid sales tax and car replacement assistance (CRA) sales tax only as a reimbursement after the insureds replaced their vehicles, and also that they did mot compensate their insureds for the cost of retitling a salvaged vehicle.

Docket Number:

1:20-CV-00414-TSB

Company: United Services Automobile Association (USAA)

Filing Deadline: January 4, 2023

Class Period: September 16, 2005 to July 15, 2022

Objection Deadline: October 6, 2022

Exclusion Deadline: October 6, 2022

Final Approval Hearing: December 5, 2022

Proof of Purchase:

If you are filing a claim online, you must enter one of the following numbers: your Unique Claim Number (on the Claim Form in the Notice packet you received), your Policy Number or your Claim Number associated with the total loss, or the Vehicle Identification Number.

Eligibility:

You may be eligible if you were an Ohio policyholder and insured by United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, or Garrison Property and Casualty Insurance Company, and you submitted a covered total loss claim during the appropriate class period:

For sales tax:
- Garrison: September 16, 2005 to July 15, 2022
- USAA CIC: October 26, 2012 to July 15, 2022
- USAA: November 5, 2013 to July 15, 2022
- USAA GIC: February 21, 2014 to July 15, 2022

For CRA sales tax:
- Garrison: February 21, 2014 to July 15, 2022
- USAA CIC: October 26, 2012 to July 15, 2022
- USAA: February 21, 2014 to July 15, 2022
- USAA GIC: February 21, 2014 to July 15, 2022

For salvage fee:
- Garrison: February 21, 2014 to July 15, 2022
- USAA CIC: October 26, 2012 to July 15, 2022
- USAA: February 21, 2014 to July 15, 2022
- USAA GIC: February 21, 2014 to July 15, 2022

Typical Settlement Amount:

Benefits:
- For sales tax claims: Sales tax on the actual cash value of your total loss at the Ohio state sales tax rate of 5.75%, minus your share of the class counsel fees, service awards, and court-awarded costs of this lawsuit.
- For CRA sales tax claims: Additional 20% of the Ohio state sales tax rate of 5.75% for your total loss, minus your share of the class counsel fees, service awards, and court-awarded costs of this lawsuit.
- For salvage title fee: Additional $20.
- Class counsel fees will not exceed $3 million; service award will not exceed $5,000; and court-awarded costs will not exceed $25,000 from the settlement benefits.

Total Settlement Amount: $10,250,000 maximum

Class Representative Proposed Incentive Fee:

$5,000

Law Firms:
Edelsberg Law PA
Shamis & Gentile PA
Spangenberg Shibley & Liber

Claim Form: Total Losses Tax Settlement Claim Form

Case Name: Cavallaro v. United Services Automobile Association, et al.

Settlement Website: Total Losses Tax Settlement Website

Claims Administrator:
JND Legal Administration

Claims Administrator Contact Information:

Cavallaro v. USAA
c/o JND Legal Administration
PO Box 91349
Seattle, WA 98111
info@TotalLossesTaxSettlement.com
844-202-9487

Tags: Auto Insurance, Incomplete payment of benefits due, Insurance, Sales Tax