Top Class Actions  |  August 15, 2022

Category: Closed Class Actions

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insurance claim form, paperwork and legal document
(Photo Credit: vinnstock/Shutterstock)

Auto-Owners (Mutual) Insurance Co. has agreed to a class action settlement resolving claims it improperly deducted depreciation on some Ohio property insurance claims.

The class is made up of any Auto-Owners (Mutual) Insurance Co. property insurance policyholders who made a structural damage for property in Ohio during the relevant class periods that was a covered loss that resulted in an actual cash value (ACV) payment during the class period from which nonmaterial depreciation was withheld, or that would have resulted in an actual cash value payment if not for the withholding of nonmaterial depreciation causing the loss to drop below the applicable deductible.

The class periods are:

  • For those with policies that have a one-year suit limitations period, Structural Loss claims with dates of loss on or after Feb. 25, 2018
  • For those with policies with a two-year suit limitations period, Structural Loss claims with dates of loss on or after Feb. 25, 2017

Policyholders whose claims arose under policy forms, endorsements or riders that expressly permit nonmaterial depreciation within the text are excluded from the class. Also excluded are policyholders who received one or more actual cash value payments, but not replacement cost value payments, that exhausted the limits of insurance, those whose claims were denied or abandoned without actual cash value payments, and others. More information on exclusions is available on the settlement website.

Auto-Owners provides home, auto, life and business insurance policies to nearly 3 million policyholders, according to the company’s website. Auto-Owners has 48,000 licensed agents in 26 states.

Plaintiffs in a class action lawsuit claim the insurance company improperly deducts nonmaterial depreciation, such as the cost of labor.

Auto-Owners denies all allegations of wrongdoing but has agreed to the settlement to settle the Ohio depreciation claims.

Under the terms of the settlement agreement, class members who submit a valid and timely claim are eligible for a cash payment.

Class members for whom all nonmaterial depreciation that was withheld from ACV payments was not subsequently paid qualify for a payment of 100% of the net estimated nonmaterial depreciation withheld from ACV payments and not subsequently paid, plus simple interest at a rate of 5% for each year on the net estimated nonmaterial depreciation determined under these guidelines from the date of the last ACV payment to March 18, 2022.

Class members for whom all nonmaterial depreciation withheld from ACV payments was subsequently paid may claim $25 each.

The deadlines for opting out and objecting have passed.

A final approval hearing was held July 5, 2022.

The deadline to file a claim in the Ohio depreciation settlement is Aug. 19, 2022.

Who’s Eligible

The class is made up of any Auto-Owners (Mutual) Insurance Co. property insurance policyholders who made a structural damage for property in Ohio during the relevant class periods that was a covered loss that resulted in an actual cash value (ACV) payment during the class period from which nonmaterial depreciation was withheld, or that would have resulted in an actual cash value payment if not for the withholding of nonmaterial depreciation causing the loss to drop below the applicable deductible.

The class periods are:

  • For those with policies that have a one-year suit limitations period, Structural Loss claims with dates of loss on or after Feb. 25, 2018
  • For those with policies with a two-year suit limitations period, Structural Loss claims with dates of loss on or after Feb. 25, 2017
Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

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

08/19/2022

Case Name

Mary Donofrio, et al. v. Auto-Owners (Mutual) Insurance Company, Case No. 3:19-cv-58, in the U.S. District Court Southern District of Ohio Southern Division at Dayton

Final Hearing

07/05/2022

Settlement Website
Claims Administrator

Ohio Depreciation Settlement
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
OHDepreciationSettlement@atticusadmin.com
888-230-9714

Class Counsel

Erik D Peterson
ERIK PETERSON LAW OFFICES PSC

Stephen G Whetstone
WHETSTONE LEGAL LLC

Defense Counsel

Todd A Noteboom
Peter J Schwingler

Matthew J Bakota
Dinsmore & Shohl 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.