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This settlement is closed!
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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
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
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,
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!
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?
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