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This settlement is closed!
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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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