Update: On August 18, 2011, the Settlement Administrator released payments to Claimants whose Settlement Payments represented amounts awarded for wage loss only. The parties are currently in the process of investigating the existence of any third party liens or claims against Settlement Payments for medical benefits. Pursuant to the Settlement Agreement governing this Settlement, no Claimant shall receive any Settlement Payment for medical benefits until all of the details regarding the existence and extent of the third party lien(s) have been determined. If the lien is equal to or greater than the Settlement Payment for medical benefits, then the Claimant will not receive any Settlement Payment for medical benefits. If the lien is less than the Settlement Payment for medical benefits, then the lien shall be paid first, with any remaining Settlement Payment to be paid to the Claimant. A copy of the Settlement Agreement is available on this website.
Overview
A $2.3 million settlement has been reached with the Progressive Mountain Insurance Company (“Progressive”) in a class action lawsuit about Personal Injury Protection (“PIP”) benefits. The settlement provides payments to people who submitted valid claim forms; you were eligible if Progressive paid you on a personal injury claim.
The lawsuit claimed that Progressive failed to properly explain the additional PIP benefit options available to policyholders before selling them their policies. Progressive denied any wrongdoing. The Parties agreed to the settlement to avoid the costs and risks of trial.
What Does the Settlement Provide?
The settlement created a $2.3 million settlement fund to pay eligible Class Members for lost wages and reasonable medical expenses. The cost to administer the settlement, as well as attorneys' fees and other payments, will come out of this fund. The amount remaining after deducting these costs will be paid to eligible Class Members who submitted valid claims.
What Are My Options?
Get a Payment: To get a payment, you were required to submit a Claim Form by September 30, 2010.
Exclude Yourself from the Settlement: If you did not want a payment from this settlement and you do not want to be legally bound by it, you must have excluded yourself by August 30, 2010, or you would not be able to sue Progressive about the claims in this case. If you asked to be excluded, you cannot get a payment from this settlement.
Object to the Settlement: The deadline to object to the settlement was August 30, 2010.
The detailed Notice further explains your options.
Fairness Hearing
On September 20, 2010, at 10:00 a.m., the Court approved the Settlement. Payments will be mailed to Class Members who timely submitted a valid Claim Form. Please check this website periodically for any updates.
| Date | Event |
|---|---|
| August 30, 2010 [Expired] |
Exclusion Deadline (Postmarked) |
| August 30, 2010 [Expired] |
Objection Deadline (Postmarked) |
| September 30, 2010 [Expired] |
Claim Form Deadline (Postmarked) |
| September 20, 2010 at 10:00 a.m. [Approved] |
Fairness Hearing |
