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Liberty Insurance has agreed to a class action settlement benefiting certain Ohio policyholders who had nonmaterial depreciation withheld from property-damage claims.

The Class is made up of all policyholders under any homeowners residential property insurance policy issued by Liberty Insurance Corp., Safeco Insurance Co. of Indiana, LM Insurance Corp., and Liberty Mutual Fire Insurance Co., except for those excluded, who made a structural damage claim for property in Ohio during the applicable Class Periods that was a covered loss and that resulted in an actual cash value payment during the class period from which nonmaterial depreciation was withheld, or that would have resulted in an actual cash value payment but for the withholding of nonmaterial depreciation causing the loss to drop below the applicable deductible.

The Class Periods are:

  • For Ohio policyholders of Liberty Insurance Corp., structural loss claims with dates of loss on or after Jan. 28, 2018
  • For Ohio policyholders of Safeco Insurance Co. of Indiana, LM Insurance Corp., and Liberty Mutual Fire Insurance, structural loss claims with dates of loss on or after Jan. 3, 2019

A class action lawsuit had alleged the insurance companies, including Liberty Insurance, improperly deducted depreciation attributable to the cost of labor and other nonmaterial items when some Ohio homeowners’ claims were being adjusted.


The companies deny all accusations of wrongdoing, and a court has not ruled in favor of either the plaintiff or defendants.

The payments to individual Class Members will vary.

For those to whom all nonmaterial depreciation has not been paid, 100 percent of the estimated nonmaterial depreciation withheld and not later paid will be awarded, plus 5 percent interest on that amount from the last actual cash value payment to Feb. 23, 2021, the date the Court granted preliminary approval to the settlement.

Class Members to whom all nonmaterial depreciation that was withheld was later paid will receive 5 percent interest on the estimated nonmaterial depreciation initially withheld, from the date of the last actual cash value payment from which that depreciation was withheld to the date all nonmaterial depreciation was paid.

A hearing on the Liberty Insurance settlement is scheduled for May 18, 2021.


The deadlines for objecting to or opting out of the settlement have passed.

The deadline to submit a claim form is July 2, 2021.

Who’s Eligible

The Class is made up of all policyholders under any homeowners residential property insurance policy issued by Liberty Insurance Corp., Safeco Insurance Co. of Indiana, LM Insurance Corp., and Liberty Mutual Fire Insurance Co., except for those excluded, who made a structural damage claim for property in Ohio during the applicable Class periods that was a covered loss and that resulted in an actual cash value payment during the class period from which nonmaterial depreciation was withheld, or that would have resulted in an actual cash value payment but for the withholding of nonmaterial depreciation causing the loss to drop below the applicable deductible.

The Class Periods are:

  • For Ohio policyholders of Liberty Insurance Corp., structural loss claims with dates of loss on or after Jan. 28, 2018
  • For Ohio policyholders of Safeco Insurance Co. of Indiana, LM Insurance Corp., and Liberty Mutual Fire Insurance, structural loss claims with dates of loss on or after Jan. 3, 2019

Potential Award

Varies.

  • For those to whom all nonmaterial depreciation has not been paid, 100 percent of the estimated nonmaterial depreciation withheld and not later paid will be awarded, plus 5 percent interest on that amount from the last actual cash value payment to Feb. 23, 2021, the date the Court granted preliminary approval to the settlement.
  • Class Members to whom all nonmaterial depreciation that was withheld was later paid will receive 5 percent interest on the estimated nonmaterial depreciation initially withheld, from the date of the last actual cash value payment from which that depreciation was withheld to the date all nonmaterial depreciation was paid.
Proof of Purchase

No proof of purchase is required.

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

07/02/2021

Case Name

Schulte, et al. v. Liberty Insurance Corp., et al., Case No. 3:19-cv-00026 in the U.S. District Court for the Southern District of Ohio

Final Hearing

05/18/2021

Settlement Website
Claims Administrator

Ohio Depreciation Settlement
c/o JND Legal Administration
P.O. Box 91096
Seattle, WA 98111
1-888-906-0586
info@ohiodepreciationsettlement.com

Class Counsel

Erik D. Peterson
MEHR, FAIRBANKS & PETERSON TRIAL LAWYERS PLLC

Stephen G. Whetstone
WHETSTONE LEGAL LLC

Defense Counsel

Rodger Eckelberry
Marissa A. Peirsol
BAKER & HOSTETLER LLP

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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.

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