Tamara Burns  |  April 13, 2016

Category: Closed Class Actions

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This settlement is closed!

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progressive-insurance-logo

Progressive, the auto insurance company, has reached a settlement with New Mexico policyholders over allegations surrounding Uninsured and Underinsured Motorist Coverage (UM Coverage).

The plaintiffs in the lawsuit alleged that between Apr. 18, 2002 and Feb. 3, 2012, the selection forms that Progressive used were invalid due to 1) selection of UM Coverage amounts were less than liability limits or 2) rejected UM Coverage altogether.

The lawsuit claims that the insurance policies in place during the Class Period should be reformed to reflect UM limits in an amount equal to the policy’s liability limits.

The lawsuit further states that New Mexico Progressive policyholders who had an accident during the Class Period should be entitled to have their claims adjusted or readjusted according to the reformed limits.

In short, the settlement seeks to provide Progressive policyholders with UM Coverage or an increase in the UM Coverage.

Progressive has continued to deny liability, wrongdoing and damage with respect to the class action allegations. However, the parties have agreed to the settlement to avoid the uncertainty, costs and delay of litigation.

Who’s Eligible

The proposed Settlement Class means all Persons (and their heirs, executors, administrators, successors, and assigns) who, during the Class Period, were a New Mexico Progressive policyholder or insured under any New Mexico Progressive Motor Vehicle Policy, where that Progressive policy did not provide the maximum amount of UM coverage allowed by law and for which Progressive did not obtain a valid waiver/rejection of UM coverage with limits equal to the limits of liability coverage.

For purposes of this settlement agreement, an invalid waiver/rejection of UM coverage is one which did not provide a menu of coverage options and corresponding premium costs for UM coverage available up to the limits of liability coverage.

Individuals do not need to have been involved in an accident during the class period time to be eligible as a settlement Class Member.

Potential Award

Varies.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

08/17/2016

Case Name

Consuelo Lucero v. Trujillo, et al., Case No. D-202-CV-2008-03951, in the Second Judicial District Court for the State of New Mexico, County of Bernalillo

Final Hearing

06/03/2016

Settlement Website

www.LuceroSettlement.com

Claims Administrator

Lucero Settlement Claims Administrator
PO Box 2468
Faribault MN, 55021-9168
1-877-465-4877

Class Counsel

Geoffrey R. Romero, Esq.
LAW OFFICES OF GEOFFREY R. ROMERO

Matthew L. Garcia, Esq.
GARCIA IVES NOWARA LLC

David P. Garcia, Esq.
THE LAW FIRM OF DAVID P. GARCIA

Ray M. Vargas II, Esq.
THE VARGAS LAW FIRM LLC

David A. Freedman, Esq.
Joseph Goldberg, Esq.
Vincent J. Ward, Esq.
FREEDMAN BOYD HOLLANDER GOLDBERG URIAS & WARD PA

Erin B. O’Connell, Esq.
O’CONNELL LAW LLC

Defense Counsel

Jennifer A. Noya
Alex C. Walker
MODRALL, SPERLING, ROEHL, HARRIS & SISK, P.A.

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4 thoughts onNew Mexico Progressive Car Insurance Class Action Settlement

  1. Dawn says:

    I would like to know what is going on with this suit. I have called the phone number and went to the website and both have been shut down.
    What’s going on here,

    1. Top Class Actions says:

      You’ll need to contact the settlement administrator or class counsel with questions about the status of the case and settlement payments. The settlement administrator was Rust Consulting: http://www.rustconsulting.com/. Class counsel is listed in the article and can be Googled for contact information. Good Luck!

  2. Melissa Teeter says:

    What about people who tried paying their monthly payment and got denied and progressive wouldn’t accept the payment, then same day cancelled their insurance and tried to stop them from getting insurance anywhere else and after 6 years is still still trying to get the payment they once denied?

  3. LORENZO CANADA JR says:

    Error

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.