Washington Hartford Auto Insurance Class Action Settlement

A preliminary $592,400 class action settlement has been reached between Hartford Casualty Insurance and a group of Washington state policyholders who allege the insurance company failed to pay for diminished value losses through their underinsured motorist property damage (UIM PD) coverage.

Plaintiffs John and Marilyn Lewis brought forth the class action lawsuit against Hartford in 2015. The lawsuit centers on payment for “diminished loss” of a vehicle. Specifically, when certain vehicles sustain damage to their structural systems and bodies, they cannot be fully repaired to their pre-accident condition, causing the vehicles to suffer a loss in value, also known as “diminished value.”

The plaintiffs assert that Hartford failed to pay or pay adequately for this type of loss under its Washington insurance policy’s UIM PD coverage, and that this alleged failure to pay is a breach of Hartford’s auto insurance contract.

Under the terms of the settlement, all Washington insureds of Property and Casualty Insurance Company of Hartford, Hartford Casualty Insurance Company, Hartford Underwriters Insurance Company, Trumbull Insurance Company, Twin City Fire Insurance Company, Hartford Insurance Company of the Midwest, Hartford Accident and Indemnity Company, and Sentinel Insurance Company, Limited who received payment under their UIM PD coverage for property damage to their insured automobiles between Mar. 17, 2010 and Sept. 16, 2016 are eligible to submit a claim for payment.

Additionally, in consideration for their role in bringing the class action lawsuit, an incentive award in the amount of $5,000 will be paid to the John Lewis and $7,500 will be paid to Marilyn Lewis. Attorney’s fees have not been fully negotiated at this time but will not exceed 26.25 percent of the $592,400 settlement amount.

The remaining proposed net settlement payment after incentive awards, attorneys’ fees and claims administration costs, will be dispersed to Hartford policyholders who submit a valid and timely claim. The exact payment amount will be determined based on each individual’s repair costs.

Hartford denies that it did anything wrong and contends that it paid the full and appropriate amounts for diminished value, where applicable, as part of its regular claim adjusting process but has agreed to settle the class action in order to avoid further litigation and legal costs.

Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Jan. 11, 2017.

Who’s Eligible

You are an eligible Class Member if Hartford paid to have your insured vehicle repaired under the UIM PD provision of an auto insurance policy issued in Washington between Mar. 17, 2010 and Sept. 16, 2016, and:

1. The repair estimate on your vehicle (including any supplements) totaled at least $1,000; and
2. Your vehicle was no more than six years old (model year plus five years) and had less than 90,000 miles on it at the time of the accident; and
3. Your vehicle suffered structural (frame) damage and/or deformed sheet metal and/or required body or paint work

You are not a part of the settlement Class if, at the time of your accident, (a) your vehicle was leased, (b) your vehicle was declared a total loss, (c) you are currently employed by HARTFORD, or (d) your covered accident was before Mar. 17, 2010.

Potential Award

Varies.

The potential award will vary for each individual Class Member with the exact amount dependent on individual vehicle repair costs. The settlement payment will be calculated as the individual Class Member’s repair cost times the portion of the net settlement fund divided by the aggregate value of all Class Members’ repair costs.

Note: “Not everyone who receives a settlement notice will be eligible for payment. The average payment for qualified Class Members will likely be in the range of several hundred dollars per Class Member, depending on how much, if any, payment for diminished value the Claimant has already received.”

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

03/27/2017

Case Name

Lewis v. Hartford Casualty Insurance Company, et al., Case No. 3:15-cv-05275-RBL, in the U.S. District Court for the Western District of Washington

Final Hearing

02/10/2017

Settlement Website

www.LewisDiminishedValueSettlement.com

Claims Administrator

Lewis Diminished Value Settlement
Claims Administrator – Epic Systems Inc.
PO Box 3145
Portland, OR 97208-3145

Any questions can be directed to Class Counsel at 1-415-231-5311 or 1-253-302-5955.

Class Counsel

Stephen M. Hansen
LAW OFFICE OF STEPHEN M. HANSEN PS

Scott P. Nealey
LAW OFFICE OF SCOTT P. NEALEY

Debra Brewer Hayes
THE HAYES LAW FIRM PC

Defense Counsel

Steven M. Levy
DENTONS US LLP