Montana Allstate Car Insurance Class Action Settlement

Allstate car insurance policyholders in Montana may be eligible for compensation under a $2.6 million class action settlement.

Several Allstate entities agreed to settle a class action lawsuit against them which alleged that the insurance company wrongly recovered subrogation from policyholders when they had no legal right to do so.

Subrogation is the legal right held by insurance companies to pursue a third party which caused an insurance loss.

For example, when an insured driver is in a car accident due to the fault of another driver, the insurance company can sue the driver at fault and recover subrogation to supplement the loses for the insured driver.

However, the plaintiffs in the Allstate class action argued that Allstate didn’t have the right to subrogation and failed to conduct a reasonable investigation to determine whether or not the policyholder’s losses would be recouped through the subrogation process.

Allstate admits no wrongdoing by settling the class action against them but has agreed to pay $2,673,500 to a settlement fund.

Under the settlement, eligible consumers can file a claim and recover 30 percent of the amount that Allstate subrogated to an individual’s claim. Class Members have until Mar. 30, 2019 to file a valid claim.

Class counsel will receive $668,375 of the settlement fund as compensation for attorneys’ fees.

Deductions for costs of litigation, class representative fees, and costs of class administration will be determined by the court and deducted from the settlement amount. The amount left over after deductions will go to Class Members.

Those who want to exclude themselves from the settlement or object to its terms must do so by Jan. 14, 2019.

Who’s Eligible

Consumers who were insured under an auto insurance policy issued by Allstate in Montana from who Allstate recovered subrogation on a claim after Oct. 21, 2008.

Potential Award

Varies. Base award includes 30 percent of the amount that Allstate subrogated to an individual’s claim, but Class Members can submit a claim if they believe they are entitled to more.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

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

3/30/2019

Case Name

Konecky v. Allstate Fire & Cas. Ins. Co., et al., Case No. 9:17-cv-00010-DWM, in the U.S. District Court for the District of Montana

Final Hearing

2/13/2019

Settlement Website

www.KoneckyClassAction.com 

Claims Administrator

Konecky v. Allstate Class Administrator
c/o JND Legal Administration
P.O. Box 91350
Seattle, WA 98111
1-833-843-2641

Class Counsel

Allan M. McGarvey
MCGARVEY HEBERLING SULLIVAN & LACEY

Judah M. Gersh
Brian M. Joos
VISCOMI GERSH SIMPSON & JOOS PLLP

Alan J. Lerner
LERNER LAW FIRM

Defense Counsel

Peter F. Habein
CROWLEY FLECK PLLP

Mark L. Hanover
DENTONS US LLP