Superior Court of California, County of San Diego Webb v. Allstate Insurance Company Case No

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1 Superior Court of California, County of San Diego Webb v. Allstate Insurance Company Case No A court authorized this notice. This is not a solicitation. This is not a lawsuit against you, and you are not being sued. However, your legal rights are affected whether you act or don t act. To: NOTICE OF CLASS ACTION SETTLEMENT All persons insured under an automobile policy issued by Allstate at any time during the period from November 27, 2009 through December 29, 2015, which provided for a waiver of the collision deductible in the event of an accident with an uninsured motorist pursuant to California Amendatory Endorsement AU or AU2250-7, and who had such an accident with an uninsured motorist, but did not receive a waiver of the collision deductible, payment or reimbursement of the collision deductible pursuant to the terms of the policy. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT 1. GET A SETTLEMENT PAYMENT To receive your Settlement Payment, you must sign, date, and return the Claim Form you can get on this website postmarked by the deadline to the Administrator. 2. EXCLUDE YOURSELF 3. OBJECT You may exclude yourself or opt out from the Settlement if you do not want to participate in the Settlement. If you exclude yourself, you will not receive any payment under the Settlement. This is the only option that allows you to pursue your own claims (in your own lawsuit) against Allstate about the legal claims in this case. You may come to the Final Fairness Hearing or write to the Court if you think the Settlement is not fair. 4. DO NOTHING If you do nothing (i.e., do not submit a Claim Form and do not request to be excluded), you will release claims (as described in Section 11 below), but you will not receive a Settlement Payment. A timely Claim Form is required to receive a Settlement Payment. Read this notice carefully. Your rights and options and the deadlines to exercise each option are explained in this Notice. Allstate Insurance Company and Allstate Indemnity Company ( Allstate ) support the Settlement and will not retaliate in any manner against any Class Member who remains in the Class or continues to be insured by Allstate. The Court in charge of this case has to decide whether to approve the proposed Settlement. The Settlement Payment described in this Notice will be made only if the Court approves the Settlement and after any appeals are resolved. Please be patient. Allstate denies the allegations in the lawsuit and says that its actions and policies are and have been in compliance with applicable laws and regulations. The proposed Settlement is not an admission of wrongdoing or an indication that any law was violated. O4551 v Page 1 of 7

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION 1. What is this lawsuit about?...page 3 2. Why is this a class action?...page 3 3. Why is there a settlement?...page 3 4. Who are the Parties in this lawsuit?...page 3 5. Who are the Attorneys for the Parties?...Page 4 THE TERMS OF THE SETTLEMENT 6. What is the Settlement amount?...page 4 7. How much will my Settlement Payment be?...page 4 HOW TO GET A PAYMENT 8. How can I get my Settlement Payment?...Page 4 9. What do I do if I get a letter from Allstate denying my Claim?...Page When can I expect to receive my Settlement Payment?...Page What am I giving up to get a payment?...page 5 EXCLUDING YOURSELF FROM THE SETTLEMENT 12. How do I get out of the Settlement?...Page If I don t exclude myself, can I sue Allstate for the same thing later?...page If I exclude myself, can I get money from this settlement?...page 6 OBJECTING TO THE SETTLEMENT 15. How do I tell the Court that I don t like the Settlement?...Page What s the difference between objecting and excluding myself?...page 6 THE COURT S FINAL FAIRNESS HEARING 17. When and where will the Court decide whether to approve the Settlement?...Page Do I have to come to the hearing?...page May I appear and speak at the hearing?... Page 7 GETTING MORE INFORMATION 20. Who can I contact if I have questions about the Settlement?...Page 7 ADDITIONAL IMPORTANT INFORMATION...Page 7 O4552 v Page 2 of 7

3 1. What is this lawsuit about? BASIC INFORMATION The Court in charge of this case has authorized this Notice because you have a right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, an Administrator appointed by the Court may make the payments to the members of the Settlement Class who return a Claim Form (posted on this website) for a valid claim which is signed, dated, and returned to the Class Administrator postmarked on or before March 31, The purpose of this notice is to explain the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the Superior Court of the State of California, County of San Diego, the Honorable Joan M. Lewis presiding, and the case is known as Webb v. Allstate Insurance Company, Case No ( Action or Lawsuit ). The Lawsuit claims that with respect to Allstate automobile policies issued during the Class Period, from November 27, 2009 through December 29, 2015, certain policyholders were denied the benefit of a waiver of their collision deductible when they had submitted a collision claim to Allstate involving an accident with an uninsured motorist, pursuant to Allstate s California Amendatory Endorsement AU or AU Allstate denies these allegations and asserts its actions and policies are and have been in compliance with applicable laws and regulations. The proposed Settlement is not an admission of wrongdoing or an indication that any law was violated. Allstate states it has entered into this proposed Settlement solely to avoid further expense, inconvenience, the burden of this litigation, and any future litigation arising out of the facts that allegedly gave rise to this litigation. Allstate wishes to avoid the distractions and diversion of its personnel and resources. It also wishes to put to rest this controversy and to avoid the risks inherent in uncertain complex litigation. The Court has not ruled on the merits of Plaintiff s claims or the defenses set forth by Allstate. No trial date has been set. 2. Why is this a class action? In a class action, one or more people called the Plaintiff or the Class Representative, (Mona K. Webb), sues on behalf of people who allegedly have similar claims. All of these people are called a Class or Class Members. The company that Plaintiff has sued, Allstate Insurance Company, is called the Defendant. In a class action, one Court resolves all the issues for all Class Members, except for those people who exclude themselves from the Class. If you do not exclude yourself, you will remain a member of the Class and you will be bound by the Settlement. 3. Why is there a Settlement? The Court did not decide in favor of Plaintiff, Mona K. Webb, or Defendant, Allstate Insurance Company. There was no trial. Instead, both sides agreed to a no-fault settlement of the Lawsuit ( Settlement ). That way, they avoid the cost of a trial, and the people affected will get compensation from the Settlement. Plaintiff, Mona K. Webb, who was appointed as the Class Representative, and the attorneys, think the Settlement is best for all Class Members. 4. Who are the Parties in this Lawsuit? Plaintiff, Mona K. Webb, was an insured under a policy of insurance issued by Allstate, subject to AU or AU endorsements, who, during the relevant time period, purchased the Collision Damage Waiver Option, submitted a claim for property damage to Allstate involving an uninsured motorist, and whose collision damage deductible was not waived or reimbursed. Allstate Insurance Company is the Defendant. O4553 v Page 3 of 7

4 5. Who are the Attorneys for the Parties? In this case, the Court decided that the law firm of Cohelan Khoury & Singer is qualified to represent the Class. These lawyers are called Class Counsel. If you have any questions about the case, you may call Class Counsel or the Class Administrator at the numbers shown below: Counsel for Plaintiff and the Class Class Administrator Cohelan Khoury & Singer Epiq Class Action & Claim Solutions, Inc. Isam C. Khoury / Diana M. Khoury / Jeff Geraci P.O. Box C Street, Suite 200 Portland, OR San Diego, CA Toll-Free Telephone: (877) Telephone: (619) Counsel for Defendant Allstate Insurance Co. Dentons US LLP Richard L. Fenton Bonnie Lau 525 Market Street, 26 th Floor San Francisco, CA If you have questions regarding this Settlement, you should contact Class Counsel or the Class Administrator at (877) Do NOT contact attorneys for Allstate or its managers or supervisors, etc. 6. What is the Settlement Amount? THE TERMS OF THE SETTLEMENT Allstate has agreed to pay all valid claims submitted by Class Members who were subject to an Allstate automobile insurance policy, with Endorsement AU or AU2250-7, which provided for, in the event of an accident with an uninsured motorist, either the reimbursement of the collision deductible amount or a waiver of the collision deductible on their collision property damage claims. If confirmed as a valid claim, in addition to the payment of 100% of the unpaid collision deductible, Allstate will also pay $35.00 in lieu of interest. At the time of the Final Fairness Hearing, Class Counsel will apply to the Court for attorneys fees and litigation costs of up to $100,000 to Class Counsel, and a Class Representative service award payment of up to $5,000 to Plaintiff, Mona K. Webb, for her work and efforts in prosecuting this case, for undertaking the risks of payment of costs in the event of an unsuccessful outcome of this Lawsuit, and for the monetary benefits available to Settlement Class Members because of this Lawsuit. The expenses of the Class Administrator and the costs of notice and publication will be paid for directly by Allstate. 7. How much will my Settlement Payment be? The total amount of your Settlement Payment will be based on the amount of the collision deductible shown on the declarations page of your Allstate policy in effect at the time you submitted your collision claim involving an accident with an uninsured motorist during the Class Period. If confirmed as a valid claim, you will receive 100% of your collision deductible, plus $35.00 representing interest. 8. How can I get my Settlement Payment? HOW TO GET A PAYMENT To make a claim to receive your Settlement Payment for your collision damage deductible, you must complete, date, and sign the Claim Form (found on the Settlement website or mailed at your request to you) and return it to Class Administrator postmarked on or before March 31, The Class Administrator s mailing address is: Allstate Collision Deductible Waiver Class Action Settlement c/o Class Administrator P.O. Box 4234 Portland, OR O4554 v Page 4 of 7

5 Following submission of your Claim Form, you must notify the Class Administrator of any change in your name, mailing address and/or telephone number if the information shown on the Claim Form is not correct. It is your responsibility to keep the Class Administrator informed of any change in your address, as your Settlement Payment will be mailed to the last known address it has on file for you. 9. What do I do if I receive a letter from Allstate denying my claim? If your claim is valid, the amount of your Settlement Payment will be based on your Allstate policy in effect during the period from November 27, 2009 through December 29, 2015, identifying the amount of your collision property damage deductible in the event you were involved in an accident with an uninsured motorist. If you receive a letter from Allstate indicating that you are not a Class Member, because you don t meet the class definition, you will have 15 days from receipt of that letter to request that your claim be reviewed by a Neutral Evaluator. The Neutral Evaluator will review Allstate s claim file, and all information which you provide in order to make a final determination. It is important to respond to Allstate s letter with any and all information you have which reflects the date of the accident with the uninsured motorist, the collision deductible you believe you were entitled to, a copy of your declarations page, or any other information you have which supports your claim that you are entitled to a Settlement Payment. Your response should be mailed to the Class Administrator on or before the 15 th day of your receipt. Proof of mailing is recommended. The Neutral Evaluator will review all information and issue a decision within 30 days of his or her receipt of your response. 10. When can I expect to receive my Settlement Payment? If you return a valid Claim Form which has been accepted for payment, your Settlement Payment will be paid approximately 90 days after the Court grants final approval of the Settlement. Please be patient. If there are any objections or appeals, these must be resolved first, and payment will be delayed until all objections or appeals have been resolved and the Settlement becomes final. At that time, your Settlement Payment will be mailed by Allstate to the address you provided on your Claim Form. Again, if this address is not accurate, or if you move after you receive this Notice, you should notify the Class Administrator by calling the toll-free number (877) What am I giving up to get a payment? Unless you exclude yourself ( opt out ) from the Settlement, you are staying in the Settlement Class, and that means that you can t sue, continue to sue, or be part of any other lawsuit against Allstate about the legal issues in this case. It also means that all of the Final Judgment will apply to you and legally bind you. Specifically, you will be giving up or releasing the claims described below: Release of Claims: Even if you do not submit a claim form, or do not exclude yourself, you will release the following claims: Any and all claims, including Unknown Claims, rights, demands, actions, causes of action, suits, debts, liens, contracts, liabilities, agreements, interest, costs, expenses or losses, losses or damages (whether actual, consequential, treble, statutory, and/or punitive or exemplary, or other) for or arising out of the acts alleged or which are or could have been alleged by the Named Plaintiff or the Potential Class Members in this Action and which relate in any way to an Accident, the Policy, and/or the subject matter of the Action. 12. How do I get out of the Settlement? EXCLUDING YOURSELF FROM THE SETTLEMENT To exclude yourself from the Settlement, you must, on or before March 31, 2016, sign, date, and return a letter to the Class Administrator requesting to be excluded: Allstate Collision Deductible Waiver Class Action Settlement c/o Class Administrator P.O. Box 4234 Portland, OR O4555 v Page 5 of 7

6 The request for exclusion letter must state in substance: I wish to opt out of the class action lawsuit and Settlement entitled Webb et al., vs. Allstate Insurance Company, Case No , filed in the Superior Court of California, County of San Diego. I understand that by requesting to be excluded from the Settlement, I will receive no money from the Settlement described in this Notice. The opt out request letter must include the case name, case number, your full name, current address, and your policy number, and must be postmarked and mailed to the Class Administrator at the above-referenced address on or before March 31, Opt-out requests postmarked after this date may be disregarded. 13. If I don t exclude myself, can I sue Allstate for the same thing later? No. Unless you exclude yourself in the manner described above, you give up any right to sue Allstate for the claims that this Settlement resolves. If you have a pending lawsuit (or other claim) speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit (or other claim). Remember, the exclusion deadline is March 31, If I exclude myself, can I get money from this Settlement? No. If you exclude yourself, you will not receive a Settlement Payment. OBJECTING TO THE SETTLEMENT 15. How do I tell the Court that I don t like the Settlement? If you don t think the Settlement is fair, reasonable, or adequate, you can object to the Settlement and tell the Court that you don t agree with the Settlement or some part of it. The Court will consider your views. To object, you may send a letter (as shown below) saying that you object to Webb et al. vs. Allstate Insurance Company, Case No , proposed Settlement and/or you may personally attend the Final Fairness Hearing to speak with the Judge, on April 29, 2016 at 8:30 a.m. in Department 65 of the San Diego Superior Court, located at 330 West Broadway, San Diego, California. Please do not call the Court regarding any objections. If you send a written objection, please include your name, address, your signature, and the specific reasons you object to the terms of the Settlement, and mail it to the following addresses: Clerk of the Court Superior Court for the State of California County of San Diego 330 West Broadway San Diego, CA Allstate Collision Deductible Class Action Settlement c/o Class Administrator P.O. Box 4234 Portland, OR Cohelan, Khoury & Singer Isam C. Khoury / Diana M. Khoury Jeff Geraci 605 C Street, Suite 200 San Diego, CA Dentons US LLP Richard L. Fenton Bonnie Lau 525 Market Street, 26 th Floor San Francisco, CA What s the difference between objecting and opting out of the case? Objecting is simply telling the Court that you don t like something about the Settlement. You may object only if you stay in the Class. Opting out of the case is telling the Court that you don t want to be part of the Settlement Class. If you opt out of the case, you have no basis to object because the case no longer affects you. If you object to any of the terms of the Settlement, the Court will consider your objections when deciding whether to grant final approval of the Settlement. THE COURT S FINAL FAIRNESS HEARING 17. When and where will the Court decide whether to approve the Settlement? The Court will hold a Final Fairness Hearing in Department 65 of the Superior Court of California, County of San Diego, located at 330 West Broadway, San Diego, California on Friday, April 29, 2016, at 8:30 a.m. At this O4556 v Page 6 of 7

7 hearing, the Court will determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve Class Counsel s request for attorneys fees and reimbursement of litigation costs, the Class Representative s service award payment, and the Settlement Administrator s fees and expenses. The Court may reschedule the Final Fairness Hearing without further notice to Class Members. However, any Class Member who has filed a Notice of Intention to Appear at the Final Fairness Hearing will be notified by Class Counsel of any rescheduling of the date and time of the Final Fairness Hearing. 18. Do I have to come to the hearing? No. Class Counsel will answer any questions Judge Lewis may have, but you are welcome to come at your own expense. If you send an objection, you don t have to come to Court to talk about it (although you may attend the hearing). As long as you mailed your written objection, the Court will consider it. You may also hire and pay your own lawyer to attend the hearing, if you so desire. GETTING MORE INFORMATION 19. Who may I contact if I have questions about the Settlement? You may contact Class Counsel at the contact information listed above in Paragraph 5 if you have any questions about the Settlement. You may also contact the court-appointed Class Administrator by calling toll free (877) , or you can write to the Allstate Collision Deductible Waiver Class Action Class Administrator, at the address shown in Paragraph 8. The above is a summary of the basic terms of the Settlement. For the precise terms and conditions of the Settlement, you are referred to the detailed Settlement Agreement, which is on file with the Clerk of the Court. PLEASE DO NOT CONTACT THE CLERK OF THE COURT, THE JUDGE, THE ALLSTATE MANAGERS, SUPERVISORS, OR ATTORNEYS FOR INFORMATION ABOUT THIS CASE OR NOTICE. ADDITIONAL IMPORTANT INFORMATION A. ALLSTATE supports the Settlement and will not retaliate in any manner whatsoever against any Class Member who stays in the Class and receives his or her Settlement Payment or requests to opt out of the case and Settlement. B. It is your responsibility to ensure that the Settlement Administrator has your current mailing address and telephone number on file, as this will be the address to which your Settlement Payment will be sent. It is also your responsibility to notify the Class Administrator should your mailing address and/or telephone number change. C. Settlement Payment checks must be cashed soon after receipt. Monies represented by checks which remain uncashed after 120 days of the date of issuance will be voided and funds represented by uncashed checks will be forwarded to the California Controller s Unclaimed Property Division for further handling. If your check is lost or misplaced, you should contact the Class Administrator immediately to request a replacement before the 120 day void date. O4557 v Page 7 of 7