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Frequently Asked Questions The following is a list of Frequently Asked Questions. Click on the Question, or scroll down this page, to see the answer. What is this litigation about? I received a Notice in the mail about this lawsuit. Am I being sued? Who are the Insurance Carriers included in the settlement and/or litigation? Am I a Settlement Class member? Has the Settlement been approved? Remain a member of the Settlement Class Request Exclusion from the Settlement Class How do I participate/submit a Claim Form? Who is representing the Settlement Class? I would like to communicate with Class Counsel. How can I reach them? How much in attorneys' fees will be awarded to Class Counsel? Where can I obtain additional information? Q. What is this litigation about? A. The Plaintiffs alleged that the insurance Carriers listed here failed to pay to their insureds the amounts required under their respective policies of automobile insurance for total loss claims. According to the Plaintiffs, the Carriers based their total loss valuations of their insureds' vehicles, in whole or in part, on valuation reports prepared by CCC, which the Lawsuit alleges were "lower than the actual retail fair market value." The Plaintiffs filed a lawsuit against the Carriers beginning in 1998 in the Second Judicial District Court of the State of Nevada, in and for the County of Washoe. The Carriers and CCC deny the Plaintiffs' allegations; deny that they have engaged in any wrongdoing; deny that CCC's valuation reports systemically undervalued automobiles; and maintain that they consistently have acted in accordance with their insurance policies and all governing laws and regulations. back to top Q. I received a Notice in the mail about this lawsuit. Am I being sued? A. No, you are not being sued. The Notice was sent to advise you of a class action lawsuit and proposed settlement. back to top Q. Who are the Insurance Carriers included in the settlement and/or litigation? A. The Insurance Carriers (hereinafter, the "Carriers") included in the litigation are listed here. back to top Q. Why are the parties settling? A. The Carriers and CCC deny the Plaintiffs' allegations, but have agreed to participate in settlement to avoid the uncertainty, expense, risk and delay of continued and/or future litigation. back to top Q. Am I a Settlement Class member? A. You are a Settlement Class member if you fall within the following definition:
You are a Settlement Class Member even if you qualified for membership in other class actions involving similar claims against any of the Carriers, regardless of whether you opted out of class membership in those other class actions. back to top Q. Has the Settlement been approved? A. Yes. A Fairness Hearing was held on April 16, 2007 where the Court granted final approval of this settlement. back to top A. Your options are as follows: a. You may remain a member of the Settlement Class. If you wish to remain in the Settlement Class, you must have completed and submitted a Claim Form to the Settlement Administrator. The deadline for submitting timely claim forms was June 15, 2007. All Claim Forms postmarked after June 15, 2007 will be marked as late. b. You may request exclusion from the Settlement Class. If you are a Settlement Class member and wanted to exclude yourself from the proposed Settlement Class, you must have submitted your written request for exclusion to the Claims Administrator postmarked on or before January 30, 2007. If you received notice entitled Notice of the Proposed Class Action Settlement and Release of Claims 2007 you must have submitted your written exclusion to the Claims Administrator postmarked on or before March 26, 2007. c. You may object to the settlement. If you are a Settlement Class member and wanted to comment or object to the proposed Settlement Class, you must have submitted your written objection to the Claims Administrator postmarked on or before January 30, 2007. If you received notice entitled Notice of the Proposed Class Action Settlement and Release of Claims 2007 you must have submitted your written objection to the Claims Administrator postmarked on or before March 26, 2007. back to top Q. How do I participate/submit a Claim Form? A. If you are a Settlement Class Member and wanted to be eligible to receive benefits from the Settlement, you must have completed and submitted a Claim Form to the Settlement Administrator. The deadline for submitting timely claim forms was June 15, 2007. All Claim Forms postmarked after June 15, 2007 will be marked as late. back to top Q. How much will my benefit be? A. The amount of a Settlement Class member's possible monetary benefit depends upon a number of factors, including but not limited to (1) the value of the vehicle, as reflected in CCC's electronic databases or the Carriers' files; (2) the condition of the vehicle, as reflected in CCC's electronic databases or the Carriers' files; (3) the guidebook value for that vehicle, as reflected in CCC's electronic databases or as calculated by a formula set forth in the Settlement Agreement; and (4) certain additional information provided by the Settlement Class member. The amount of the possible monetary benefit to a qualifying Settlement Class member will range from $5 - $132. For a more detailed description of the method for calculating a qualifying Settlement Class member's possible monetary benefit, click here and review Paragraphs 17-20, 22-23, 28-32 and Exhibits 10, 11, and 12 of the Settlement Agreement. back to top Q. Who is representing the Settlement Class? A. The attorneys representing the Settlement Class are:
You will not be charged for the services of these counsel representing the Settlement Class. back to top Q. Can I hire my own attorney? A. You have the right to retain your own attorney in this matter, but if you do, you will be responsible for paying your own attorney's fees and expenses. back to top Q. I would like to communicate with Class Counsel. How can I reach them? A. You may contact them at the above addresses.
Q. How much in attorneys' fees will be awarded to Class Counsel? A. Counsel for the Settlement Class will apply to the Court for an award of attorneys' fees and costs not to exceed $ 4,590,000. The Carriers have agreed to pay up to these amounts, subject to Court approval. The Court has not yet ruled on the amount, if any, of the attorneys' fees awards, and will consider this issue at the Final Approval Hearing. Under the Settlement Agreement, any award of attorneys' fees to Class Counsel will be in addition to, and will not affect the benefits available to, the Settlement Class. To date, Class Counsel have not received any payment for their services in conducting the litigation. back to top Q. Where can I obtain additional information? A. You may obtain additional information by reviewing the documents on the left side of this web page, you may call the toll-free help line 1-800-951-5396, or you may write to the Settlement Administrator at the following address: Farmers Insurance Exchange and Affiliates Total Loss Settlement back to top |