Allstate Diminished Value $10M Class Action Settlement

Certain Washington motorists with Allstate or Esurance insurance may be eligible to participate in an Allstate settlement process to claim part of a $10 million class action settlement.

Class Members in the Allstate settlement are individuals for whom the settling defendants paid to have their insured vehicle repaired under the uninsured motorist property damage (UMPD) provision on an insurance policy issued by the defendants in Washington and who meet the following conditions:

• The repair estimate on the vehicle, including supplements, totaled at least $1,000
• The vehicle was no more than 6 years old — the model year plus five years — and had fewer than 90,000 miles on it at the time of the accident
• The vehicle suffered damage to the frame and/or deformed sheet metal and/or required body work or paint.

The Class Periods vary depending on which insurance company the policy was with. They are:

• Between July 6, 2009, and Dec. 4, 2020, for those insured by Allstate Fire & Casualty Insurance Co.
• Between Jan. 11, 2019, and Dec. 4, 2020, for those insured by Allstate Insurance Co.
• Between March 10, 2017, and Dec. 4, 2020, for those insured by Encompass Insurance Co. of America and Encompass Indemnity Co.
• Between Nov. 25, 2014, and Dec. 4, 2020, for those insured by Allstate Indemnity Co., Allstate Property and Casualty Insurance Co., Esurance Insurance Co. and Esurance Property & Casualty Insurance Co.

Plaintiffs in the Allstate class action lawsuit had claimed their vehicles that had sustained structural or body damage could not be fully repaired to pre-accident condition and therefore suffered a “diminished value” loss.

The settling defendants allegedly failed to pay or adequately pay for this loss under the policyholders’ UMPD coverage, in what the plaintiffs argued was a breach of contract.

Allstate has not admitted to any wrongdoing, and the Court has not ruled in favor of either party in this case.

Allstate Settlement Process

As part of this Allstate settlement process, Class Members must submit a claim in order to receive payment.

Class Members who follow the proper Allstate settlement process and submit a valid claim form will receive a payment after attorneys’ fees and other costs are deducted from the settlement fund. 

The final amount to be awarded to each Class Member depends on the cost of their vehicle repairs.

However, the average payment is expected to be several hundred dollars per Class Member, depending on how much payment the claimant has already received for diminished value.

A fairness hearing in the Allstate settlement is scheduled for Aug. 16, 2021.

The deadline to opt out of or object to the settlement is June 18, 2021.

The deadline to file a claim is Sept. 30, 2021.

Who’s Eligible

Class Members in the Allstate settlement are individuals for whom the settling defendants paid to have their insured vehicle repaired under the uninsured motorist property damage (UMPD) provision on an insurance policy issued by the defendants in Washington and who meet the following conditions:

• The repair estimate on the vehicle, including supplements, totaled at least $1,000
• The vehicle was no more than 6 years old — the model year plus five years — and had fewer than 90,000 miles on it at the time of the accident
• The vehicle suffered damage to the frame and/or deformed sheet metal and/or required body work or paint.

The Class Periods vary depending on which insurance company the policy was with. They are:

• Between July 6, 2009, and Dec. 4, 2020, for those insured by Allstate Fire & Casualty Insurance Co.
• Between Jan. 11, 2019, and Dec. 4, 2020, for those insured by Allstate Insurance Co.
• Between March 10, 2017, and Dec. 4, 2020, for those insured by Encompass Insurance Co. of America and Encompass Indemnity Co.
• Between Nov. 25, 2014, and Dec. 4, 2020, for those insured by Allstate Indemnity Co., Allstate Property and Casualty Insurance Co., Esurance Insurance Co. and Esurance Property & Casualty Insurance Co.

Potential Award

Several hundred dollars.

The final amount to be awarded to each Class Member depends on the cost of their vehicle repairs.

However, the average payment is expected to be several hundred dollars per Class Member, depending on how much payment the claimant has already received for diminished value.

Proof of Purchase

No proof of purchase is required for this settlement.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

09/30/2021

Case Name

Kogan, et al. v. Allstate Fire and Casualty Insurance Co., Case No. 3:15-cv-05559-BHS in the U.S. District Court for the Western District of Washington at Tacoma

Final Hearing

08/16/2021

Settlement Website

WashingtonUMPDSettlement.com

Claims Administrator

Epiq

Questions should be directed to Class Counsel:

Scott P. Nealey
1-415-231-5311

Stephen M. Hansen
1-253-302-5955

Class Counsel

Scott P. Nealey
Stephen M. Hansen
LAW OFFICES OF STEPHEN M. HANSEN PS

Defense Counsel

Jodi A. McDougall
COZEN O’CONNOR