If Allstate Paid You for an Automobile Bodily Injury Claim,

Transcription

1 Class Notice of Proposed Settlement IN THE MONTANA EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY If Allstate Paid You for an Automobile Bodily Injury Claim, You May Be Entitled to Money from a Proposed Class Action Settlement A Montana court directed this Notice. This is not a solicitation from a lawyer. There is a proposed class action settlement resolving a lawsuit that asserts Allstate-branded insurance companies ( Allstate ) did not properly settle car accident bodily injury insurance claims in Montana, with people who did not hire a lawyer to help them settle their claim. You have been identified as a person who is a likely member of this class and could benefit from this settlement. People included in the proposed settlement can apply to get their Bodily Injury Claim Re-opened and Re-evaluated to potentially get additional money. Some people included in the proposed settlement, if eligible, can instead elect to receive a fixed payment of either $200 or $650. Your legal rights are affected, even if you do nothing. Read this notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A CLAIM The only way to get your Bodily Injury Claim re-opened and re-evaluated or to receive a fixed payment from this Settlement. ASK TO BE EXCLUDED Get no payment. The only option that allows you to individually sue Allstate over the claims resolved by this settlement. OBJECT Write to the Court about why you don t agree with the settlement. GO TO A HEARING Ask to speak in Court about the fairness of the settlement. DO NOTHING Get no payment. Give up rights. These rights and options and the deadlines to exercise them are explained in this notice. The Court in charge of this case still has to decide whether to approve the Settlement. Payments will only be made if the Court approves the Settlement and after any appeals are resolved. Please be patient. N7691 v

2 WHAT THIS NOTICE CONTAINS Basic Information Page 3 1. Why was this notice issued? 2. What Allstate companies are part of the settlement? 3. What is this lawsuit about? 4. Why is this a class action? 5. Why is there a settlement? Who is in the Settlement Pages Who is included in the settlement as a Class Member? 7. What is a Bodily Injury Claim? 8. Understanding whether you are a Class Member. 9. I m still not sure if I m included. The Settlement Benefits What You Get Page What does the settlement provide? 11. How much money will I get if I request to have my Bodily Injury Claim re-evaluated? How To Get A Payment Submitting A Claim Pages How much money will I get if I am eligible for and request a Fixed Payment? 13. How can I request a re-evaluation of my Bodily Injury Claim or a Fixed Payment? 14. When will I get my payment? 15. What if I disagree with my eligibility or the amount of my payment? 16. What am I giving up to get a payment or stay in the Class? Excluding Yourself From the settlement Pages How do I get out of the settlement? 18. If I do not exclude myself, can I sue Allstate for the same thing later? 19. If I exclude myself, can I get a payment from this settlement? The Lawyers Representing You Page Do I have a lawyer in this case? 21. How will Class Counsel be paid? Objecting to the Settlement Pages How do I tell the Court if I don t agree with the settlement? 23. What s the difference between objecting and asking to be excluded? The Court s Final Settlement Hearing Pages When and where will the Court decide whether to approve the settlement? 25. Do I have to come to the hearing? 26. May I speak at the hearing? If You Do Nothing... Page What happens if I do nothing at all? Getting More Information Page How do I get more information about the settlement? N7692 v

3 BASIC INFORMATION 1. Why was this notice issued? A Court authorized this notice because you have a right to know about a proposed settlement of this class action and all of your options before the Court decides whether to give final approval to the settlement. This notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who may be eligible for them, and how to get them. Judge Dirk M. Sandefur in the District Court of Cascade County, Great Falls, Montana is overseeing this class action. The case is known as Jacobsen v. Allstate Insurance Company, Case No. ADV (d). The people who sued are called the Plaintiffs, and the Allstate companies ( Allstate ) they sued are called the Defendants. Do not call or write to the Judge s office to ask questions about the settlement. If you have questions or want additional information, please visit or call Operators will be available to answer your questions. 2. What Allstate companies are part of the settlement? The settlement includes these Allstate insurance companies: Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, Allstate Fire & Casualty Insurance Company, Allstate Property & Vehicle Insurance Company, Allstate Country Mutual Insurance Company, Northbrook Indemnity Company, and Allstate New Jersey Insurance Company (together called Allstate ). 3. What is this lawsuit about? The lawsuit claims that Allstate did not properly adjust and settle car accident bodily injury insurance claims in Montana. The class members are people who made these claims but did not hire a lawyer to help them settle their Bodily Injury Claim. The lawsuit claims that Allstate did not fairly settle these claims. Allstate says that it properly adjusted and settled claims and denies they did anything wrong. 4. Why is this a class action? In a class action, one or more people called Class Representatives (in this case, Robert Jacobsen) sue on behalf of people who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. 5. Why is there a settlement? The Court has not decided in favor of the Plaintiffs or Allstate. Instead, both sides agreed to a settlement. That way, they avoid the cost and uncertainty of a trial and Class Members who qualify will get benefits as described in this notice. The Class Representative and his attorneys think the settlement is best for all Class Members. N7693 v

4 WHO IS IN THE SETTLEMENT To see if you are eligible for benefits from this settlement, you first have to determine if you are a Class Member. 6. Who is included in the settlement as a Class Member? You are a Class Member and included in this settlement if: 1. You made a Bodily Injury Claim to Allstate; 2. Your Bodily Injury Claim was related to a motor vehicle accident that occurred in Montana or involved an Allstate policy issued in Montana; 3. Your Bodily Injury Claim was settled and paid by Allstate for less than the applicable policy limits from July 1, 1995 to the entry of the Preliminary Approval Order; 4. You did not hire a lawyer to help you settle your Bodily Injury Claim; and 5. You were not a member of the class in either Tyler Dempsey et al. v. Allstate Insurance Company (Butte County, Montana, Case No. CV BU-SEH) or Alberto Cazares et al. v. Allstate Ins. Co. et al. (Miller County, Arkansas, Case No. CV ). Current and former employees and directors of Allstate are excluded from the Class. 7. What is a Bodily Injury Claim? For the purposes of this settlement, a Bodily Injury Claim means a person submitted an insurance claim to Allstate under either the Bodily Injury, Underinsured Motorist, or Uninsured Motorist insurance policy coverage for bodily injuries caused by a motor vehicle accident. 8. Understanding whether you are a Class Member. This series of questions may also help you determine if you are a Class Member: Question Yes No Did you submit a Bodily Injury Claim Continue You are not a Class Member to Allstate because of a car accident? Are either of the following true: (1) The accident occurred in Montana OR (2) The accident involved an individual with an Allstate insurance policy issued in the state of Montana Continue You are not a Class Member N7694 v

5 Did you receive a settlement payment from Allstate on your Bodily Injury Claim from July 1, 1995 to the entry of the Preliminary Approval Order? Were you paid less than the full policy limit available under the insurance coverage as your settlement with Allstate? Did you hire a lawyer to help you settle your Bodily Insurance Claim? Were you a member of the Class in either Tyler Dempsey et al. v. Allstate Insurance Company (Butte County, Montana, Case No. CV BU-SEH) or Alberto Cazares et al. v. Allstate Ins. Co. et al. (Miller County, Arkansas, Case No. CV )?* 9. I m still not sure if I m included. Continue Continue You are not a Class Member You are not a Class Member You are not a Class Member You are not a Class Member Continue You are a Class Member If you are not sure whether you are included in the Class, you may call the toll free number with questions or visit. Live operators will answer your questions. You may also contact the Class Counsel, who have been asked by the Court to represent the class at the following: Lawrence A. Anderson Attorney at Law, P.C th Street North P.O. Box 2608 Great Falls, MT (406) Daniel P. Buckley Buckley Law Office, P.C. 125 West Mendenhall, Suite 201 Bozeman, MT (406) David J. Berardinelli Berardinelli Law Office P.O. Box 1944 Santa Fe, NM (505) * If you received this Notice in the mail, it is unlikely you are a member of the settlement class in either Tyler Dempsey et al. v. Allstate Insurance Company or Alberto Cazares et al. v. Allstate Ins. Co. et al. If you do not know, or would like more information on whether you were a member of these settlement classes, please visit or call the toll free number with questions. N7695 v

6 THE SETTLEMENT BENEFITS WHAT YOU CAN GET 10. What does the settlement provide? The settlement provides for monetary and other benefits. The other benefits include an agreement that Allstate will conduct reasonable investigations of unrepresented claims before settling them as required by , MCA, and case law interpreting the same. The settlement also provides Class Members with two types of monetary benefits: Class members can request to have their Bodily Injury Claims re-opened and re-evaluated to determine whether they are entitled to any additional payment. Class members who settled their Bodily Injury Claims for $1,000 or less, can instead request to receive a fixed payment. If the settlement is approved by the Court, Allstate has also agreed to pay Class Counsel attorneys fees and expenses not to exceed $9,975,000, $20,000 to Mr. Jacobsen as the Class Representative fee, and, consistent with the constructive common fund relief to the Class Members, reimbursement to the class representative for attorneys fees and costs incurred in re-opening his claim (plus statutory interest at 10%) in the amount of $153,264, and settlement administration costs. 11. How much money will I get if I request to have my Bodily Injury Claim re-evaluated? It depends. If you choose to have your Bodily Injury Claim re-evaluated, your claim will be reviewed and re-evaluated by a retired, former Allstate adjuster (who was mutually agreed upon by Class Counsel and Allstate s Counsel). The adjuster will not be someone involved in the initial settlement of your Bodily Injury Claim. That adjuster will be required to follow Montana law and certain Court-approved guidelines to ensure your Bodily Injury Claim is fully and fairly re-evaluated. If you wish, you may submit additional information or documents related to your claim for consideration. There is no assurance of how much money, if any, you will receive when your Bodily Injury Claim is re-evaluated. If the re-evaluation process determines you should be paid additional money for the Bodily Injury Claim, you will be paid that additional amount. If the re-evaluation process determines that the value of your claim is equal to or less than the amount of money Allstate already paid, you will not be paid an additional amount. You will not be required to return any money originally paid by Allstate on your Bodily Injury Claim. N7696 v

7 12. How much money will I get if I am eligible for and request a Fixed Payment? If you were paid $1,000 or less to settle your Bodily Injury Claim, you are eligible to request a Fixed Payment or you can request to have your Bodily Injury Claim re-opened and re-evaluated. If you choose to receive a Fixed Payment, you cannot also have your Bodily Injury Claim re-evaluated. The Fixed Payments available are as follows: If your Bodily Injury Claim was settled for less than $500, you can request to receive a $200 Fixed Payment and give up your right to have your Bodily Injury Claim re-evaluated. If your Bodily Injury Claim was settled for between $500 - $1,000, you can request to receive a $650 Fixed Payment and give up your right to have your Bodily Injury Claim re-evaluated. If you do not know the amount you were paid to settle your Bodily Injury Claim, please contact the Settlement Administrator at Operators will be available to answer your questions or help you to secure an answer. HOW TO GET A PAYMENT SUBMITTING A CLAIM 13. How can I request a re-evaluation of my Bodily Injury Claim or a Fixed Payment? Forms can be submitted either online at or by mail. If you want to request a re-evaluation of your Bodily Injury Claim, you must complete, sign, and send in a Claim Re-adjustment Request Form (blue form). If you settled your Bodily Injury Claim for $1,000 or less, and want to request a Fixed Payment, you must complete, sign and send in a Fixed Payment Request Form (yellow form). Alternatively, forms can be submitted online at. Please read the instructions carefully, and fill out the appropriate form. Claims submitted online must be submitted not later than the Claims Filing Deadline, which will be 30 days after the entry of Final Judgment. For the definition of Final Judgment, see the Settlement Agreement at paragraph 15, which can be viewed online at. If you received a notice packet in the mail, the Claim Re-adjustment Request Form (blue form) and a Fixed Payment Request Form (yellow form), if eligible, are included. Please read the instructions carefully, and fill out the appropriate form. The notice packet included a stamped, pre-addressed envelope you can use to mail in your completed form, postmarked not later than the Claims Filing Deadline, which will be 30 days after the entry of Final Judgment. For the definition of Final Judgment, see the Settlement Agreement at paragraph 15, which can be viewed online at. You can also get a Claim Re-adjustment Request Form or a Fixed Payment Request Form at or by calling the Settlement Administrator at If you download the forms from the settlement website, you can fill out the appropriate form and mail it, postmarked no later than the Claims Filing Deadline, which will be 30 days after the entry of Final Judgment, to: N7697 v

8 Jacobsen v. Allstate Settlement Administrator P.O. Box 4068 Portland, OR For the definition of Final Judgment, see the Settlement Agreement at paragraph 15, which can be viewed online at. Do not submit both the Claim Re-adjustment Request Form and the Fixed Payment Request Form for the same Bodily Injury Claim. 14. When will I get my payment? Payments will be mailed to eligible Class Members after the Court grants final approval of the settlement, any appeals are resolved, and the settlement administration process is completed. If the Court approves the settlement after a hearing on September 22, 2015 (see the section The Court s Settlement Final Approval Hearing below), there may be appeals. It s always uncertain whether these appeals can be resolved, and resolving them can take time. Please be patient. 15. What if I disagree with my eligibility or the amount of my payment? There is a neutral umpire process to resolve any disagreements between you and Allstate about your eligibility or payment amount. You will get more details about this process in the letter you receive about the determination of your settlement claim. The Settlement Agreement is also available at and provides more information. 16. What am I giving up to get a payment or stay in the Class? If you choose to stay in the class, you will give up any right or claim, whether known or unknown, you may have to sue Allstate on your own for claims relating to the adjustment or payment of your bodily injury claim, including any claims which could have been brought in this lawsuit. It also means that all of the Court s orders in the case will apply to you and legally bind you. If you submit a Claim Re-adjustment Request Form or a Fixed Payment Request Form, or simply stay in the Class, you will agree to release and discharge Allstate for any right or claim, whether known or unknown, you may have relating to the adjustment and payment of your bodily injury claim, including any claims which could have been brought in this lawsuit. The claims you are giving up are described in Section I, paragraph 23 of the Settlement Agreement. A complete copy of the Settlement Agreement is available at. The Settlement Agreement describes the released claims in necessarily accurate legal terminology. Talk to Class Counsel (see the section on The Lawyers Representing You ) or your own lawyer if you have questions about the released claims or what they mean. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don t want a payment from this settlement, but you want to keep the right to sue Allstate on your own about the adjustment and/or payment of your Bodily Injury Claim, then you must take steps to get out. This is called excluding yourself from - or is sometimes referred to as opting out of - the Settlement Class. N7698 v

9 17. How do I get out of the settlement? To exclude yourself from the settlement, you must send a letter saying that you want to be excluded from the Jacobsen v. Allstate Insurance Company Settlement. You must include your full name, address, and signature. You must mail your exclusion request postmarked not later than 30 days before the date set for the Final Settlement Hearing to: Jacobsen v. Allstate Settlement Administrator P.O. Box 4068 Portland, OR The exclusion deadline is currently set for August 24, You cannot exclude yourself on the telephone, by , or on the website. 18. If I do not exclude myself, can I sue Allstate for the same thing later? No. Unless you exclude yourself, you give up any right to sue Allstate on your own for the any claims relating to the adjustment or payment of your bodily injury claim. You must exclude yourself from this Class to sue Allstate on your own over such claims. Remember, the exclusion deadline is currently set for August 24, If I exclude myself, can I get a payment from this settlement? No. If you exclude yourself, you will not get a payment from the settlement, and any Claim Re-adjustment Request Form or Fixed Payment Request Form you submit will not be considered. 20. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The Court appointed Larry A. Anderson, Attorney at Law, P.C.; Daniel P. Buckley of the Buckley Law Office, P.C.; and David Berardinelli of the Berardinelli Law Firm to represent you and other Class Members as Class Counsel. You do not have to pay Class Counsel. If you want to be represented by your own lawyer, and/or have that lawyer appear in court for you in this case, you may hire one at your own expense. The contact information for Class Counsel is listed under Question How will Class Counsel be paid? Plaintiffs will file a motion with the Court prior to final approval hearing requesting an award in a total amount not to exceed $9,975,000 (USD) for the following: attorneys fees to Class Counsel, contribution of $75,000 towards costs and expenses, representative fees to the Class representative of $20,000, and, consistent with the constructive common fund relief to the Class Members, reimbursement to the Class representative for his payment of attorney s fees and costs (with interest at the authorized statutory rate of 10%) in the amount of $153,264 he incurred to have his underlying case reopened and re-adjusted. Allstate will not object to Plaintiffs motion requesting a total award of fees, costs, expenses, class representative fees, and class representative reimbursement to be paid to Class Counsel not to exceed the amounts set forth in this paragraph. Allstate has agreed not to oppose the request for fees and expenses up to that amount. The Court may award less than this amount. Allstate will pay the fees and expenses the Court approves, up to $9,975,000. These payments will not reduce the amount distributed to Class Members and Class Members will not have to pay fees and expenses of Class Counsel. Allstate will also separately pay the costs to administer the settlement. N7699 v

10 OBJECTING TO THE SETTLEMENT You can tell the Court if you don t agree with the settlement or some part of it. 22. How do I tell the Court if I don t agree with the settlement? If you are a Class Member, you can object to the settlement if you don t like any part of it. The Court will consider your views. To object, you must file a written objection with the Montana Eighth Judicial District Court and send a copy to the Settlement Administrator as noted below. You must include: Your full name, address, telephone number; The name of the case (Jacobsen v. Allstate Insurance Company); The case number (No. ADV (d)); A statement saying you object to the settlement; The specific reasons why you object to the settlement; A statement as to whether you intend to appear at the Final Settlement Hearing in person or through counsel, and if through counsel, the name, address and phone number of any attorney; and Your signature. If you have a lawyer file an objection for you, he or she must follow all Montana rules and you must list the attorney s name, address and telephone number in the written objections filed with the Court. You or your lawyer may appear at the Final Settlement Hearing if you have filed a written objection as provided above. (See the section on the Court s Final Settlement Hearing below.) If you do intend to appear at the Final Settlement Hearing to object to the Settlement, you must also provide with your written objection: A detailed statement of the specific legal and factual basis for each objection, A list of any witnesses you will call at the hearing with each witness address and a description of the witness expected testimony, A detailed description of all evidence you will offer at the hearing with copies of the exhibits attached, and Documentary proof of your membership in the Class. N76910 v

11 You must mail your objection to each of the following addresses, and your objection must be postmarked by not later than 30 days before the date set for the Final Settlement Hearing. The deadline for mailing your objection is currently set for August 24, Court Clerk of the Court Montana Eighth Judicial District Court nd Ave. N. Room 307 Great Falls, MT Settlement Administrator Jacobsen v. Allstate Settlement Administrator P.O. Box 4068 Portland, OR Class Counsel Larry Anderson Attorney at Law, P.C th Street P.O. Box 2608 Great Falls, MT Allstate's Counsel Paul Haffeman Davis, Hatley, Haffeman & Tighe P.O. Box 2103 Great Falls, MT What s the difference between objecting and asking to be excluded? Objecting is simply telling the Court that you don t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you object and the Court approves the settlement anyway, you will still be legally bound by the result. THE COURT S FINAL SETTLEMENT HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and ask to speak, but you don t have to. 24. When and where will the Court decide whether to approve the settlement? The Court has scheduled a Final Settlement Hearing at 9:00 a.m., on September 22, 2015, at the Montana Eighth Judicial District Court, 415 2nd Ave. N., Room 307, Great Falls, Montana The hearing may be moved to a different date or time without additional notice, so it is a good idea to check or call At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may listen to people who have asked to speak about an objection (see Question 22). The Court may also decide whether to award attorneys fees, costs, class representative fee and class representative reimbursement. At or after the hearing, the Court will decide whether to approve the settlement. It is not known how long this decision will take. 25. Do I have to come to the hearing? No. Class Counsel will answer any questions that the Court may have. But, you are welcome to come at your own expense. If you filed a written objection, you or your lawyer may attend the Settlement Final Approval Hearing, but you are not required to do so. You may also pay your own lawyer to attend, but it s not necessary. N76911 v

12 26. May I speak at the hearing? If you submitted a proper written objection to the settlement, you or your lawyer acting on your behalf may speak at the Settlement Final Approval Hearing. You cannot speak at the Hearing if you exclude yourself. 27. What happens if I do nothing at all? IF YOU DO NOTHING If you do nothing, you ll get no payment from this settlement and you won t be able to sue Allstate on your own for any claims related to the adjustment or payment of your bodily injury claim, as more fully described in paragraphs 41, 59, and 83 of the Settlement Agreement. GETTING MORE INFORMATION 28. How do I get more information about the settlement? This notice summarizes the proposed settlement. More details are in the Settlement Agreement. If you have questions, visit or call the toll free number Do not call or write to the Judge s office or the Court to ask questions about the settlement. You may contact Class Counsel using the contact information provided under Question 9. N76912 v