active class actions

Florida USAA Auto Sales Tax Class Action Settlement

A judge has approved a settlement in a class action lawsuit brought against United Services Automobile Association. The class action settlement involves United Services Automobile Association, USAA Casualty Insurance Company, Garrison Property and Casualty Insurance Company, and USAA General Indemnity Company.

The class action lawsuit included allegations that United Services Automobile Association failed to include the correct amount of sales tax paid when issuing actual cash value payments. USAA issues actual cash value payments in accordance with Florida auto insurance law. Plaintiffs who filed the class action lawsuit claim USAA broke the policyholder agreement that stipulated cash payments for vehicles determined to be “totaled.” Additional assertions against United Services Automobile Association include charges the association did not take into account similar vehicle makes and models when determining actual cash value payments.

USAA has repeatedly denied the class action lawsuit allegations. However, United Services Automobile Association has agreed to the class action settlement to avoid the costs of protracted litigation. A judge approved the USAA class action settlement on June 5, 2017.

What You Need To Know

Class counsel issued a press release that states eligible “class members include anyone who was insured under a Florida auto insurance policy issued by USAA and who suffered one or more total losses to their vehicles between Oct. 17, 2008 through Oct. 15, 2016 and received an actual cash value payment.” Eligible class members receive compensation for the full sales tax that USAA would have paid for the purchase of a similar vehicle, with an additional eight percent of the actual cash value payment tacked on for punitive damages.

Although there is no proof of purchase required to submit a valid and timely claim form, eligible class member must follow the instructions on the claim form and include all the requested documentation. Class members will have to sign the claim form under the penalty of committing perjury. The deadline for eligible class members to file a valid claim is November 23, 2017.

The judge presiding over the case called Chantal Bastian, et al. v. United Services Automobile Association, et al., Case No. 3:13-cv-01454-J-32MCR, in the U.S. District Court for the Middle District of Florida has scheduled the final hearing on October 24, 2017. To learn more about the final hearing and any changes to the class action settlement, visit the class action settlement website

Christopher B. Hall of Hall & Lampros LLP and Tracy L. Markham from Aviolo & Hanlan PC represent the class counsel. The defense counsel includes Kristen M. Van der Linde from Boyd & Jenerette, as well as Stephen E. Goldman, Wystan M. Ackerman, and Benjamin C. Jensen of Robinson & Cole LLP.

2017/11/23 19:32:24

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