Subject to Court Approval, the Settlement will provide up to $592,400 (less legal fees and costs) to pay Claims from those who properly submit Claim Forms by March 27, 2017. • The Settlement affects the rights of all Washington insureds of Property and Casualty Insurance Company of Hartford, Hartford Casualty Insurance Company, Hartford Underwriters Insurance Company, Trumbull Insurance Company, Twin City Fire Insurance Company, Hartford Insurance Company of the Midwest, Hartford Accident and Indemnity Company, and Sentinel Insurance Company, Limited (referred to above and below collectively as “Hartford”) who received payment under their uninsured or underinsured motorist property damage (“UIM PD”) coverage for property damage to their insured automobiles between March 17, 2010 and September 16, 2016, and who meet certain other requirements (set forth below).
In the lawsuit, Plaintiffs 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 HARTFORD failed to pay or pay adequately for this type of loss under its Washington insurance policy’s UIM PD coverage, and that such an alleged failure to pay is a breach of HARTFORD’s automobile insurance contract and was an unfair business practice. HARTFORD denies that it did anything wrong and contends that it paid the full and appropriate amounts for diminished value, where applicable, as part of its regular claim adjusting process.
Who’s Eligible
You are an eligible Class Member if Hartford paid to have your insured vehicle repaired under the UIM PD provision of an auto insurance policy issued in Washington between Mar. 17, 2010 and Sept. 16, 2016, and:
- The repair estimate on your vehicle (including any supplements) totaled at least $1,000; and
- Your vehicle was no more than six years old (model year plus five years) and had less than 90,000 miles on it at the time of the accident; and
- Your vehicle suffered structural (frame) damage and/or deformed sheet metal and/or required body or paint work
You are not a part of the settlement Class if, at the time of your accident, (a) your vehicle was leased, (b) your vehicle was declared a total loss, (c) you are currently employed by HARTFORD, or (d) your covered accident was before Mar. 17, 2010.
Potential Award
Varies.
The potential award will vary for each individual Class Member with the exact amount dependent on individual vehicle repair costs. The settlement payment will be calculated as the individual Class Member’s repair cost times the portion of the net settlement fund divided by the aggregate value of all Class Members’ repair costs.
Note: “Not everyone who receives a settlement 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.”
Proof of Purchase
N/A
Claim Form Deadline
03/27/2017
Case Name
Lewis v. Hartford Casualty Insurance Company, et al., Case No. 3:15-cv-05275-RBL, in the U.S. District Court for the Western District of Washington
Final Hearing
02/10/2017
Settlement Website
Claims Administrator
Lewis Diminished Value Settlement
Claims Administrator – Epic Systems Inc.
PO Box 3145
Portland, OR 97208-3145
Any questions can be directed to Class Counsel at 1-415-231-5311 or 1-253-302-5955.
Class Counsel
Stephen M. Hansen
LAW OFFICE OF STEPHEN M. HANSEN PS
Scott P. Nealey
LAW OFFICE OF SCOTT P. NEALEY
Debra Brewer Hayes
THE HAYES LAW FIRM PC
Defense Counsel
Steven M. Levy
DENTONS US LLP
