UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Transcription

1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Willisch v. Nationwide Insurance Company of America, Civil Litigation No TJS Justice, II v. Nationwide Affinity Insurance Company of America, Civil Litigation No TJS Tomaine, et. al. v. Nationwide Mutual Insurance Company, Civil Litigation No TJS If you have or had a vehicle with a factory equipped antitheft device and were insured by one of the companies listed below, you may be eligible for a payment from a class action settlement. Please read this notice carefully. A federal court authorized this notice. It is not a solicitation from a lawyer and you are not being sued. Your rights may be affected. A Settlement has been reached in class action lawsuits claiming that Nationwide Insurance Company of America, Nationwide Affinity Insurance of America, Nationwide Mutual Insurance Company, Nationwide Assurance Company, Nationwide General Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Victoria Fire & Casualty, Victoria Select Insurance Company, Titan Indemnity Company, Victoria Fire and Casualty dba Titan and Victoria Fire and Casualty dba Nationwide (collectively referred to as Nationwide ) failed to give certain policyholders an antitheft device discount, despite the fact that Nationwide s internal database suggests that these policyholders cars may have an antitheft device installed as part of the manufacturer s standard equipment. Nationwide denies that it did anything wrong. Under the Settlement, Nationwide will make available up to $4.9 million for payments to Class Members. If the Court approves the Settlement, current policyholders will automatically be paid a share of the settlement fund after the payment of certain costs of settlement notice and administration, attorneys fees and expenses and class representative incentive awards. Former policyholders will receive a share of the settlement fund if they return the Address Verification Form. The exact amount each class member will be paid cannot be calculated until the Court approves the Settlement and fees and the total number of participating Class Members is determined. CLASS MEMBERS LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: EXCLUDE YOURSELF (OPT OUT) OBJECT OR COMMENT GO TO A FINAL APPROVAL HEARING DO NOTHING - CURRENT NATIONWIDE POLICYHOLDERS Get no benefits from the Settlement. Requesting exclusion from this Settlement (also called Opting Out ) would allow you to file or continue your own lawsuit against Nationwide about the legal claims involved in this Settlement. Write to the Court about why you do, or do not like the Settlement. Ask to speak in Court about the Settlement. Get a share of the settlement, which will be paid automatically in the form of a check or a credit to your current auto policy. 1

2 DO NOTHING - FORMER NATIONWIDE POLICYHOLDERS SUBMIT AN ADDRESS VERIFICATION FORM FORMER NATIONWIDE POLICYHOLDERS Get no individual financial benefits from the Settlement. However, if you are a Class Member, the terms of the Settlement will still apply to you. To be eligible for a payment, you must return an Address Verification Form (see below). Get a share of the settlement, which will be paid in the form of a check if you verify your correct mailing address. You can get the Address Verification Form by visiting the website. These rights and options and the deadlines to exercise them are explained in this Notice. 2

3 1. Why did you receive this notice? BASIC INFORMATION This Notice has been posted because the United States District Court, Eastern District of Pennsylvania ( Court ) has given its preliminary approval to the settlement of lawsuits against Nationwide Insurance Company of America, Nationwide Affinity Insurance of America, Nationwide Mutual Insurance Company, Nationwide Assurance Company, Nationwide General Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Victoria Fire & Casualty, Victoria Select Insurance Company, Titan Indemnity Company, Victoria Fire and Casualty dba Titan and Victoria Fire and Casualty dba Nationwide (collectively referred to as Nationwide ). If you received a postcard concerning this Settlement, that means that company records indicate that you may be a member of the class of individuals affected by this proposed Settlement. 2. What is the case about? Plaintiffs filed lawsuits against Nationwide Insurance Company of America, Nationwide Affinity Insurance of America, Nationwide Mutual Insurance Company, Nationwide Assurance Company, Nationwide General Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Victoria Fire & Casualty, Victoria Select Insurance Company, Titan Indemnity Company, Victoria Fire and Casualty dba Titan and Victoria Fire and Casualty dba Nationwide (collectively referred to as Nationwide ). The cases will be referred to as the Lawsuits. The Lawsuits allege that Nationwide failed to give certain of its automobile insurance policyholders an antitheft device discount, despite the fact that Nationwide s internal database suggests that these policyholders cars may have a passive antitheft device installed as part of the manufacturer s standard equipment. The Lawsuits allege that Nationwide s conduct violated 75 Pa. Cons. Stat and was a breach of Nationwide s insurance contracts. Nationwide denies that it did anything wrong and is vigorously defending Plaintiffs allegations. The parties, however, have agreed to settle the case to avoid the cost, delay, and uncertainty of litigation. 3. Why is this a class action? In a class action, one or more Class Representatives sue on behalf of all those with the same types of claims arising from the same events. Here, the Class Representatives are suing to obtain payments for a class of individuals with a specific type of claim for compensation arising from not receiving at least a 10% discount on the comprehensive portion of a paid insurance premium. This class is called the Settlement Class, and its members those people who meet the Class Definition are the Class Members. One court resolves the issues for all class members. 4. Why is there a settlement? After extensive arm s length negotiations, the Plaintiffs and Nationwide have agreed to settle this case to avoid the cost, delay, and risk of further litigation. The Class Representatives and their lawyers think the proposed Settlement is best for all Class Members. 5. Who is included in the Class? WHO IS IN THE SETTLEMENT The Court decided that the Settlement Class includes Pennsylvania policyholders of the insurance companies listed above who, during the Class Period: (a) had a policy of automobile insurance that included comprehensive 3

4 insurance coverage; (b) whose insured vehicle(s), according to Nationwide s VIN Database, had a passive antitheft device installed as manufacturer s standard equipment; and (c) did not receive at least a 10% discount on the comprehensive portion of the paid premium. The applicable Class Period varies depending on which company provided insurance to you. Specifically, the Class Period is defined as follows: With respect to current and former policyholders of Nationwide Insurance Company of America, the Class Period is from November 12, 2005, to February 28, With respect to current and former policyholders of Nationwide Affinity Insurance of America, the Class Period is from October 15, 2006, to February 28, With respect to current and former policyholders of Nationwide Mutual Insurance Company, Nationwide Assurance Company, Nationwide General Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Victoria Fire & Casualty, Victoria Select Insurance Company, Titan Indemnity Company, Victoria Fire and Casualty dba Titan or Victoria Fire and Casualty dba Nationwide, the Class Period is from September 17, 2009, to February 28, THE SETTLEMENT BENEFITS WHAT YOU GET IF YOU QUALIFY If the Settlement is approved and becomes final, it will provide benefits to Settlement Class Members. 6. What are the benefits of the Settlement? Under the Settlement, Nationwide will make available up to $4.9 million for payments to Class Members. If the Court approves the Settlement, current policyholders will automatically be paid their share of the Settlement Fund after the payment of certain costs of settlement notice and administration, attorneys fees and expenses and class representative incentive awards. Former policyholders must fill out and return the Address Verification Form in order to receive their share of the Settlement Fund. The exact amount each class member will be paid cannot be calculated until the Court approves the Settlement and fees and the total number of participating Class Members is determined. In addition, each Class Member's payment will vary depending on the amount of antitheft discount to which he or she was entitled under the settlement. Each Class Member s payments will be up to 6 percent of the amount paid for the comprehensive portion of the insurance premium. If the settlement amount is not enough for all class members to receive a payment of 6 percent, then the payments will be reduced. If the Settlement is given final approval by the Court, it is expected that settlement credits or checks should issue by approximately January 12, Under the Settlement, Nationwide also agreed that for a period of two years it will provide the Antitheft Discount to all car insurance applicants, including at renewal, if its VIN Database (or any future internal database established by Nationwide that serves the same function) shows that the applicant s car contains a passive antitheft device installed as manufacturer s standard equipment. If the Settlement becomes final, the Lawsuits will be dismissed with prejudice and Nationwide Insurance Company of America, Nationwide Affinity Insurance of America, Nationwide Mutual Insurance Company, Nationwide Assurance Company, Nationwide General Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Victoria Fire & Casualty, Victoria Select Insurance Company, Titan Indemnity Company, Victoria Fire and Casualty dba Titan and Victoria Fire and Casualty dba Nationwide will receive a complete release and discharge from all Class Members of the claims asserted in the Lawsuits. 7. If I currently have an auto insurance policy with Nationwide, what do I need to do to participate in the Settlement? If you are a Class Member and currently have an auto insurance policy with Nationwide Insurance Company of America, Nationwide Affinity Insurance of America, Nationwide Mutual Insurance Company, Nationwide Assurance Company, Nationwide General Insurance Company, Nationwide Mutual Fire Insurance Company, 4

5 Nationwide Property and Casualty Insurance Company, Victoria Fire & Casualty, Victoria Select Insurance Company, Titan Indemnity Company, Victoria Fire and Casualty dba Titan and Victoria Fire and Casualty dba Nationwide, your share of the settlement will be paid automatically in the form of a check or credit to your current auto policy. 8. If I do not currently have an auto insurance policy with Nationwide, what do I need to do to participate in the Settlement? If you are a Class Member but do not currently have an auto insurance policy with Nationwide Insurance Company of America, Nationwide Affinity Insurance of America, Nationwide Mutual Insurance Company, Nationwide Assurance Company, Nationwide General Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Victoria Fire & Casualty, Victoria Select Insurance Company, Titan Indemnity Company, Victoria Fire and Casualty dba Titan and Victoria Fire and Casualty dba Nationwide, your share of the settlement will be paid in the form of a check mailed to your address, but only if you return the Address Verification Form. You can print a copy of that form by visiting the website. To receive payment, you must verify your current mailing address by filling out and returning the address verification form no later than September 30, What am I giving up in order to receive payment under the Settlement? If you do not affirmatively exclude yourself from the Class, you cannot separately sue any of the companies listed above about the legal issues in the Lawsuits. Likewise, if you do not affirmatively exclude yourself from the Class, you will be bound by the release of claims, as described more fully in Section XV of the Settlement Agreement. 10. What if I disagree with the amount of my payment? All calculations under this settlement are final, binding and non-appealable. Class Members do not have the right to object to the calculation of their payment, or the decision regarding whether they are eligible for payment. EXCLUDING YOURSELF FROM THE CLASS If you do not want to participate in the Settlement and you want to keep all of your rights to sue Nationwide about the claims being resolved in the Settlement, then you must take steps to get out of the Class. This is called asking to be excluded from, or sometimes called Opting Out of, the class. 11. If I do not want to participate in the Settlement, what must I do? To exclude yourself from the Settlement, you must send a signed statement that includes your name, address, and telephone number, stating that you wish to exclude yourself from the case. Your written request should be mailed to: Tomaine v. Nationwide Class Settlement Exclusion Request Case No TJS Settlement Administrator PO Box 2838 Portland, OR Your written request must be received or postmarked by August 7, If your request is not postmarked by that date, your right to opt out will be waived and you will be bound by all orders and judgments entered in connection with the Settlement. 5

6 12. If I exclude myself, can I get anything from this Settlement? If you choose to exclude yourself from the Settlement Class, you will not be entitled to receive the benefits of the Settlement with Nationwide, including any payment from the Settlement Fund. Your claims against Nationwide will not be released and you will be free to pursue separately any claims you believe you have. Requests for exclusion must be exercised individually by a Settlement Class Member, not as or on behalf of a group, class, or subclass, except that such exclusion requests may be submitted on behalf of an individual Settlement Class Member by that Settlement Class Member s Legal Authorized Representative. If the policy in question is a jointly-held policy, then all such joint policyholders of the policy in question shall be considered one Settlement Class Member. If any holder of a jointly-held policy makes a timely election to be excluded from the proposed Settlement Class, all joint policyholders on that policy shall be deemed to be excluded from the Settlement Class. OBJECTING TO THE SETTLEMENT 13. How do I tell the Court if I do not like the Settlement? Anyone who objects to the Settlement, the Settlement Agreement, the application for attorneys fees, or the other matters to be considered at the Final Approval Hearing may appear and present such objections or to petition to intervene. In order to be permitted to do so, however, you must, on or before August 7, 2015: File with the Court by mailing to the Clerk of the Court, United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106, a notice of your intention to object. Your notice must include the following: (1) a heading that refers to this action by case name and case number; (2) a statement of the specific legal and factual basis for each objection argument; (3) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel and, if through counsel, a statement identifying that counsel by name, bar number, address, and telephone number; (4) a description of any and all evidence you may offer at the Final Approval Hearing, including but not limited to the names, addresses, and expected testimony of any witnesses, all exhibits intended to be introduced at the Final Approval Hearing, and documentary proof of your membership in the Settlement Class; and (5) a list of other cases in which you or counsel for you has appeared either as an objector or counsel for an objector in the last five years. If you have a lawyer file an objection for you, he or she must follow all the rules and you must list the attorneys name, address and telephone number in the written objection filed with the Court. All objections must be signed by the Class Member, even if you are represented by an attorney. At the same time, serve copies of all such materials either by hand delivery or by first-class mail, postage pre-paid, upon the following counsel by August 7, 2015: Ira Neil Richards, Esq. Daniel M. Blouin, Esq. Schnader Harrison Segal & Lewis, LLP. Seyfarth Shaw LLP 1600 Market Street, Suite South Dearborn Street, Suite 2400 Philadelphia, PA Chicago, IL If you do not comply with the foregoing procedures and deadlines for submitting written petitions to intervene, objections and/or appearing at the Final Approval Hearing, you may lose substantial legal rights to contest the orders or judgments of the Court entered in connection with the Settlement. 6

7 14. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The Court has appointed Ira Neil Richards, Kenneth Trujillo and Arleigh P. Helfer, III of Schnader Harrison Segal & Lewis, LLP, Joseph C. Mariotti of Caputo & Mariotti, PC, and Anthony J. Bolognese and Joshua Grabar of Bolognese & Associates LLC as Class Counsel to represent the Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense. 15. How will the lawyers be paid? For the last five years, Class Counsel have worked without compensation on this case. Accordingly, in connection with the Final Approval Hearing on the Settlement, Class Counsel will apply to the Court for an award of attorneys fees not to exceed one-third of the Settlement Fund, plus expenses. In addition, subject to the approval of the Court, an incentive award of $5,000 will be paid to Class Representatives Gary Willsch and Sandra Willsch, John Tomaine and Jeffrey Justice ($15,000 in total) ( Plaintiffs Incentive Award. ) If approved by the Court, Class Counsel fees and Plaintiffs Incentive Awards will be paid out of the $4.9 million Settlement Fund. THE COURT S FINAL APPROVAL HEARING 16. When and where will the Court decide whether to approve this Settlement? A Final Approval Hearing will be held before the Honorable Timothy J. Savage on September 9, 2015, at 10:00 A.M. at United States Courthouse, 601 Market Street, Philadelphia, PA in Courtroom 9A. The purpose of the hearing will be for the Court to determine whether the Settlement Agreement should be finally approved as fair, reasonable and adequate and in the best interests of the Class; to consider the award of attorneys fees and expenses to Class Counsel; and to consider the request for an incentive award to the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement Agreement that have properly been requested, as set forth above. The hearing may be postponed or changed to a different date, time, or location without notice. 17. Do I have to come to the Final Approval Hearing? No. You are not required to come to the Final Approval Hearing. Class Counsel will answer any questions the Court may have. If you, or an attorney you have hired at your own expense, wish to speak at the Fairness Hearing, you must file with the Court a written notice of your intention to speak at the Fairness Hearing. Be sure to include your name, address, telephone number, and your signature by August 7, You must also send a copy by first-class mail to Class Counsel and Nationwide s Counsel at the addresses listed in Question 11 by the deadline. 18. What happens if I do nothing? IF YOU DO NOTHING If you are a current policyholder of Nationwide Insurance Company of America, Nationwide Affinity Insurance of America, Nationwide Mutual Insurance Company, Nationwide Assurance Company, Nationwide General 7

8 Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Victoria Fire & Casualty, Victoria Select Insurance Company, Titan Indemnity Company, Victoria Fire and Casualty dba Titan and Victoria Fire and Casualty dba Nationwide and do nothing, you will get a share of the Settlement Fund, which will be paid automatically in the form of a check or credit to your current auto policy. If you are a former policyholder of Nationwide Insurance Company of America, Nationwide Affinity Insurance of America, Nationwide Mutual Insurance Company, Nationwide Assurance Company, Nationwide General Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Victoria Fire & Casualty, Victoria Select Insurance Company, Titan Indemnity Company, Victoria Fire and Casualty dba Titan and Victoria Fire and Casualty dba Nationwide and do nothing, you will get no individual financial benefits from the Settlement. However, if you are a Class Member, the terms of the Settlement will still apply to you. 19. How do I get more information? GETTING MORE INFORMATION This Notice is only a summary of the terms of the Settlement Agreement. The actual Settlement Agreement sets forth the complete terms of this Settlement and can be reviewed on the Settlement Website. All of the court documents in this case are on file and available for review during regular office hours at the Clerk of the Court, United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA. 20. Who can I contact with questions? If you have questions regarding this Notice or the Settlement in this case you can call the toll-free number or visit the website listed at the bottom of this notice. You can also contact Class Counsel: Ira Neil Richards, Esq. Schnader Harrison Segal & Lewis LLP Market Street, Suite 3600 Philadelphia, PA (215) PLEASE DO NOT CALL THE COURT OR THE OFFICE OF THE CLERK. By Order of the United States District Court for the Eastern District of Pennsylvania 8