Nationwide Antitheft Device Discount Class Action Settlement

A class action settlement has been reached in the Nationwide antitheft device discount class action lawsuit, resolving claims that Nationwide Insurance Company of America, its partners, and its various branches or subsidiaries failed to give certain car insurance policyholders a discount for antitheft devices featured in their cars, even though the auto insurance company’s internal database indicated a policyholder’s car may contain passive antitheft devices or technology. The plaintiffs filed this Nationwide class action lawsuit alleging the company violated Pennsylvania state law and breached its contract with its policyholders.

Nationwide denies all wrongdoing in this antitheft class action lawsuit, but has agreed to a class action settlement to avoid further court costs and the uncertainty of continued litigation.

Who’s Eligible

According to the Nationwide antitheft device discount class action settlement, you are considered a Class Member if you are a Pennsylvania policyholder who during the defined Class Periods:

“(a) had a policy of automobile insurance that included comprehensive 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 a 10% discount on the comprehensive portion of the paid premium.”

The Class Periods are defined as follows:

• Between Nov. 12, 2005 and Feb. 28, 2015 for current or former policyholder of an insurance policy issued by Nationwide Insurance Company of America.
• Between Oct. 15, 2006 and Feb. 28, 2015 for current or former policyholder of an insurance policy issued by Nationwide Affinity Insurance of America.
• Between Sept. 17, 2009 and Feb. 28, 2015 for current or former policyholder of an insurance policy issued by any of the following companies: 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.

Potential Award

Varies

Under the terms of the Nationwide class action settlement, the company will set up a $4.9 million settlement fund to make payments to Class Members. Should the court give this proposed antitheft device discount class action settlement final approval, then Class Members who are current policy holders will automatically receive their share of the Nationwide settlement fund.

Class Members who are former policyholders will need to fill out an Address Verification Form to receive their award. Each award will be calculated separately after the various court fees have been calculated and the total number of Class Members identified. However, it is estimated that each eligible Class Member will receive up to 6 percent of the amount paid for comprehensive insurance premium.

As for non-monetary provisions for the Class, Nationwide has agreed to provide Antitheft Discounts to all car insurance applicants and insurance renewals for the next two years if the car insurance company’s VIN Database shows that an insurance applicant’s car contains passive antitheft devices.

UPDATE: On Dec. 18, 2015, readers of Top Class Actions began reporting they were receiving checks in the mail from the Nationwide class action settlement. Congratulations to everyone who got PAID!

Proof of Purchase

N/A

Address Verification Form

Claim Form Deadline

N/A. Class Members of the Nationwide antitheft device discount class action settlement will automatically receive a payment in the form of a check or credit to their current auto policy.

If you are a former Nationwide auto insurance holder, you must return an address verification form (linked above) no later than Sept. 30, 2015.

Case Name

Tomaine v. Nationwide Mutual Insurance Co., Case No. 2:13-cv-05408, in the U.S. District Court for the Eastern District of Pennsylvania.

Final Hearing

09/09/15

Settlement Website

www.TomaineSettlement.com

Claims Administrator

Tomaine v. Nationwide
Settlement Administrator
PO Box 2838
Portland, OR 97208-2838
1-877-208-9775

Class Counsel

SCHNADER HARRISON SEGAL & LEWIS LLP
CAPUTO & MARIOTTI PC

Defense Counsel

SEYFARTH SHAW LLP