You have received a letter (called a “Notice”) and the Claim Form because the records of the Settling Defendants show that you were an insured who received payment under your UMPD coverage for property damage to your insured automobile for an accident occurring between July 6, 2009 and December 4, 2020 for insureds of ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, between January 11, 2019 and December 4, 2020 for insureds of ALLSTATE INSURANCE COMPANY, between March 10, 2017 and December 4, 2020 for insureds of ENCOMPASS INSURANCE COMPANY OF AMERICA and ENCOMPASS INDEMNITY COMPANY, and between November 25, 2014 and December 4, 2020 for insureds of ALLSTATE INDEMNITY COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, ESURANCE INSURANCE COMPANY and ESURANCE PROPERTY & CASUALTY INSURANCE COMPANY and who meet certain other requirements (set forth in Section 5, below).
This class action suit has now been resolved for up to $10,092,600. If the Settlement is approved, you may be eligible for benefits that will be provided as part of the proposed Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. If you wish to receive money from or comment upon the Settlement (including stating any objection to the Settlement) you must do so following the procedures described below. If you do nothing, you will not receive any money but will bound by the Settlement terms and any final judgment.
The Court in charge of the case is the United States District Court for the Western District of Washington, and the case is known as Kogan v. Allstate Fire & Cas. Ins. Co., Case No. 15cv05559-BHS. The persons who brought this suit are called the Plaintiffs.Back To Top
In the lawsuit, Plaintiffs generally claim that when certain automobiles sustain damage to their structural systems and bodies, they cannot be fully repaired to their pre-accident condition, causing the vehicles to suffer a loss in value called “diminished value.” Plaintiffs allege that the Settling Defendants failed to pay or pay adequately for this type of loss under their Washington insurance policies’ UMPD coverage, and that such an alleged failure to pay is a breach of the Settling Defendants’ automobile insurance contracts. The Settling Defendants contend that they did nothing wrong and contend that they paid the full and appropriate amounts for diminished value, where applicable, as part of their regular claim adjusting processes.Back To Top
In a class action, one or more people called Class Representatives, sue on behalf of people who have similar claims. All of these people are part of a “Class.” One court resolves the issues for all Class Members, except for those who have previously excluded themselves from the Class. United States District Court Judge Benjamin H. Settle is presiding over this class action.Back To Top
After this matter was filed, and the case was certified as a class action, both sides agreed to a Settlement, which, if approved, brings the litigation to an end. That way, Plaintiffs and the Settling Defendants avoid the cost, delay, and uncertainty of moving forward in litigation to trial and possible appeals, and the Class Members may get payments. The Class Representatives and their attorneys think the Settlement is best for the Class Members.
You may be eligible to receive money from this Settlement, if you are a Class Member and you submit a valid claim form.Back To Top
You are a member of the Class if the Settling Defendants paid to have your insured vehicle repaired under the UMPD provision of an insurance policy issued by Defendants in Washington; and
You are not a part of the Class if, at the time of your accident, (a) your vehicle was leased, (b) your vehicle was declared a total loss, (c) your covered accident was before July 6, 2009 for insureds of ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, before January 11, 2019 for insureds of ALLSTATE INSURANCE COMPANY, before March 10, 2017 for insureds of ENCOMPASS INSURANCE COMPANY OF AMERICA and ENCOMPASS INDEMNITY COMPANY, and before November 25, 2014 for insureds of ALLSTATE INDEMNITY COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, ESURANCE INSURANCE COMPANY and ESURANCE PROPERTY & CASUALTY INSURANCE COMPANY, or (d) your covered accident occurred after December 4, 2020.Back To Top
Each Class Member who submits a valid claim form will receive a payment that will depend on his or her vehicle repair costs. Here’s how it works: each Class Member is entitled to request a payment. For Class Members who qualify for a payment, that payment will be calculated as the Class Member’s repair cost times the portion of the Settlement paid to Class Members (i.e., $10,092,600 minus attorneys’ fees and costs and incentive payments to the Class Representative) divided by the aggregate value of all Class Members’ repair costs. Not everyone who receives the Notice will be eligible for payment. The average payment for qualified Class Members will likely be in the range of several hundred dollars per Class Member, depending on how much, if any, payment for diminished value the Claimant has already received. You can only receive your share of the Settlement if you submit a Valid Claim Form by September 30, 2021.Back To Top
To qualify for payment, you must be an eligible Class Member (see FAQ 5) and submit a valid Claim Form. The Claim Form, which is two pages, is enclosed with the Notice. Read the instructions carefully and, if you wish to make a claim, fill out the form, sign it, and submit it online, or by mail postmarked by September 30, 2021. If you had two (or more) qualifying accidents, you will receive a Claim Form for each, and will, if you wish to assert a claim for each, need to submit a Claim Form for each qualifying accident.Back To Top
The Court will hold a hearing on August 16, 2021, to decide whether to approve the Settlement. If the Court approves the Settlement, and there are no appeals, we estimate that checks will be mailed around Spring 2022. You will get your payment after all appeals have been concluded and the Settlement is approved with no further appeals possible.
We will provide regular updates of the status of the Settlement to all people who submit Claim Forms here. Please be patient.Back To Top
If you exclude yourself from the Class by “opting out” you won’t get any money or benefits from this Settlement. However, you will retain any right you currently have to make your own claim against the Settling Defendants.
To ask to be excluded, you must send a signed letter, stating that you want to be excluded from KOGAN v. ALLSTATE FIRE & CASUALTY INSURANCE COMPANY. Be sure to include your name and address, and sign the letter. You must mail your Exclusion Request to be received by June 18, 2021, to:
Kogan v. Allstate Fire & Casualty Insurance Company
P.O. Box 3278
Portland, OR 97208-3278
The Court has decided that the attorneys bringing this suit are qualified to represent you and all Class Members. Together these lawyers are called “Class Counsel.” They are experienced in handling similar cases against other insurers. Class Counsel appointed by the Court are Scott P. Nealey and Stephen M. Hansen. They can be reached to answer any questions you may have at 415-231-5311 or 253-302-5955, respectively.
Your lawyers’ fees and costs will be determined by the Court and subtracted from the Settlement. Other than that, you will not be charged for these lawyers’ work in securing the Settlement benefits for you and the other Class Members. You owe nothing if you participate in the Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.Back To Top
Class Counsel will ask the Court for an award of their attorneys’ fees up to $2,169,909.00, together with reimbursement of their costs according to the terms of the Stipulation of Settlement. Since even before filing this lawsuit, Class Counsel have worked continuously on this case, but have not received any money for that work. The attorneys’ fees and costs, as awarded by the Court, shall be paid from the $10,092,600 available to the Class Members in this Settlement. In addition, Class Counsel will apply to the Court for a service award of $10,000.00 each for Daniel Kogan and Christopher Hewitt. This service award is being requested in recognition of the time, effort, and risk incurred by the Class Representatives in securing this Settlement for you and the other Class Members.Back To Top
If you’re a Class Member, and you do not exclude yourself, you can—but need not—comment on or object to the Settlement. You can give reasons why you think the Court should or should not approve it. The Court will consider your views. To be effective, a notice of intent to object to the Settlement must: (1) Contain a heading that includes the name of the case and case number; (2) Provide the name, address, telephone number and signature of the Class Member filing the objection; (3) Be filed with the Clerk of the Court not later than June 18, 2021; (4) Be served on Class Counsel and counsel for the Defendants at the addresses below by first-class mail, received no later than June 18, 2021; (5) Contain the name, address, bar number and telephone number of the objecting Class Member's counsel, if represented by an attorney. If you are represented by an attorney, you must comply with all applicable laws and rules for filing pleadings and documents in the Court; and state whether you intend to appear at the Final Settlement Hearing, either in person or through counsel. In addition to the foregoing, a notice of intent to object must contain the following information, if you or your attorney request permission to speak at the Final Settlement Hearing: (1) A detailed statement of the specific legal and factual basis for each and every objection; and (2) A detailed description of any and all evidence you may offer at the Final Settlement Hearing, including photocopies of any and all exhibits which you may introduce at the Final Settlement Hearing.
|Class Counsel||Counsel for Defendants|
Mr. Stephen M. Hansen
1821 Dock Street #103
Tacoma, WA 98402
Mr. Steven M. Levy
Dentons US LLP
233 South Wacker Drive
Chicago, IL 60606-6361
Any comments or objections which do not comply with the above or are not timely served on both counsels listed above will not be considered by the Court.Back To Top
The Court will hold a Final Settlement Hearing at 2:30 p.m. on August 16, 2021 at the United States District Court for the Western District of Washington, 1717 Pacific Avenue, Room E, Tacoma, WA 98402. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Settle will, if the requisite notice of intent to appear and speak is filed, listen to anyone at the hearing who asks to speak, and if objections were timely served, he will consider them. The Court will also decide how much to pay Class Counsel and the Class Representatives. The Final Settlement Hearing may be postponed without further notice to the Class.Back To Top
No. Counsel will answer questions the Judge may have. But you are welcome to come at your own expense. If you send a comment (including an objection), you don’t have to come to Court to talk about it. As long as you mail it on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.Back To Top
You may ask the Court for permission to speak at the Final Settlement Hearing. To do so, you must send a letter to both lawyers listed in FAQ 12, saying that it is your “Notice of Intention to Appear at the Final Settlement Hearing in Kogan v. Allstate Fire & Casualty Insurance Company.” You must include your name, address, telephone number, and signature. Your Notice of Intention to Appear must be postmarked by June 18, 2021. You cannot speak at the hearing if you previously opted out of the Class, because the case no longer affects you.Back To Top
If you do nothing, you will get no money from this Settlement. To receive a payment, you must submit a qualifying claim form by September 30, 2021.Back To Top
This website summarizes the proposed Settlement. More details are in the Stipulation of Settlement. You can view and print a copy of the Stipulation of Settlement and other information about the lawsuit by clicking here, where you will find answers to common questions about the Settlement, and other information to help you determine whether you are a Class Member and whether you are eligible for a payment. This website also has instructions for filling out, and submitting, your Claim Form online or sending it in by mail.Back To Top