A settlement has been proposed in a class action lawsuit pending in the Indiana Commercial Court, in the Marion County, Indiana, Superior Court., entitled Chapman v. GEICO, Case No. 49D01-1905-PL-018436.

The notice explains the nature of the lawsuit, the general terms of the proposed settlement, and the legal rights and obligations of Settlement Class Members.

YOU SHOULD READ THE NOTICE CAREFULLY BECAUSE IT WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

The lawsuit alleges that GEICO breached its insurance policy by not including fees charged by the State of Indiana to transfer title to a vehicle, as well as fees charged by the State of Indiana to transfer license plates (or tags) on a vehicle, as part of its total loss claim settlements involving vehicles with private-passenger auto physical damage coverage for a comprehensive or collision loss. GEICO denies that any of plaintiffs’ allegations are true, and denies it is liable for any wrongdoing, and no court or other entity has made any judgment or other determination of any liability.

In a class action, one or more people called class representatives sue not only for themselves but also on behalf of people who have similar claims. If the Court finds that the legal requirements for establishing a class are met, then all of these people with similar claims and interests form a class.

When a court decides a class action case or approves a class action settlement, it is applicable to all members of the class (except class members who exclude themselves).

The parties have agreed to settle this case in order to resolve their dispute without the expense, inconvenience and uncertainties of litigation. Plaintiffs and Settlement Class Counsel have concluded that this Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class

The court has defined the Settlement Class as follows:

All persons insured under an Indiana Policy issued by GEICO for private passenger auto physical damage (1) who submitted a first-party claim for property damage that was determined by GEICO to be a covered comprehensive or collision total-loss claim and (2) where the claim payment did not include at least $20.00 in title and registration fees, between the time period of May 7, 2009 for GEICO Casualty Co. and GEICO Advantage Insurance Co. and March 31, 2011 for all other GEICO Indiana underwriting companies, through August 6, 2021.

The defendant agreed to make available the sum of up to $821,660.00 in complete settlement of this Lawsuit. This Settlement Amount is inclusive of the Attorneys’ Fees, Expenses and Incentive Award which will be subject to Court approval.

Settlement Class Members whose policy is still active will automatically receive their settlement payment, mailed directly to the address on file with GEICO. Class Members whose policy is no longer active must verify and/or update their names and mailing addresses by submitting a Claim Form online by October 29, 2021, to receive their settlement payment.

If you do nothing, you will remain a member of the Settlement Class. You may or may not receive a settlement payment, depending upon your status as a current or former GEICO policyholder (please see FAQ 8 below for more information on receiving a settlement payment). You will also release your potential claims against GEICO and be bound by all orders and judgments of the Court.

ACTIVE POLICYHOLDERS: Settlement Class Members whose policy is still active will automatically receive their settlement payment—they do not need to take any action to receive payment. 

INACTIVE POLICYHOLDERS: Settlement Class Members whose policy is no longer active must submit a Claim Form online HERE by October 29, 2021 at 11:59 P.M. EST to receive their settlement payment.

If the Court approves the Settlement, there may be appeals. Settlement payments to Eligible Claimants will be made after the Court grants "final approval" of the Settlement, and after any and all appeals are resolved in favor of upholding the Settlement.

It is always uncertain when appeals can be resolved and resolving them can take time. Please be patient.

Upon Final Approval of this Agreement, the Releasing Parties shall completely release, acquit, and forever discharge the Released Persons  from any and all claims, demands, actions, suits and causes of action, in law or equity, whether class, individual or otherwise in nature, that the Releasing Parties, or each of them, ever had, now has, or hereafter can, shall, or may have on account of or arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected damages (including, but not limited to, actual, exemplary, punitive, or statutory damages), and the consequences therein, arising out of or resulting from GEICO’s payment or non-payment of Transfer Fees as part of Total Loss Claim settlements, including, but not limited to, any class, group, collective, or individual claim under any federal or state law, federal or state consumer protection, fraud, deception or RICO laws, or similar laws (the “Released Claims”). The Releasing Parties shall not, after the date of this Agreement, seek to recover against GEICO for any of the Released Claims.

“Released Persons” in this settlement means GEICO and all GEICO Indiana Underwriting Companies, their divisions, parent entities, affiliates, subsidiaries, past and present officers, directors, agents, attorneys, employees, stockholders, successors, assigns, independent contractors, reinsurers, insurers, heirs, estates assigns, successors,

“Releasing Persons” in this settlement means Plaintiffs, each Settlement Class Member who does not timely opt out of the Settlement Class, including their assigns, heirs, successors, predecessors, parents, etc., and any person claiming by or through him/her/it as his/her/its spouse, parent, child, heir, guardian, associate, co-owner, attorney, agent, administrator, devisee, predecessor, successor, assignee, representative of any kind, shareholder, partner, director, employee, or affiliate.

You may exclude yourself from the Settlement by mailing notice to the Claims Administrator at IN ACV Settlement, c/o JND Legal Administration, PO Box 91420, Seattle, WA 98111 on or before October 29, 2021 at 11:59 P.M. EST. Each notice must be in writing and include the name, address, and phone number of the person/entity seeking exclusion. Each notice must also include a signed statement that: “I/we hereby request that I/we be excluded from the proposed Settlement Class in the Jeffrey Chapman, et al., v. GEICO Casualty Company, et al., litigation.” If you timely opt-out of the Settlement, you will not be bound by the Settlement, and you will not receive a settlement payment.

You may object to this Settlement by filing an objection with the Clerk of the Court at City-County Building, 200 E. Washington St., Indianapolis, IN 46204. Each objection must be in writing, and must contain the case name and number, and include a notice of intention to appear, a statement of membership in the Settlement Class, and the legal and factual basis for your objection and any reason why you desire to appear and be heard, along with all documents and evidence that you desire the Court to consider, and must be submitted by October 29, 2021. You must send a complete copy of any objection to Class Counsel and to counsel for GEICO (see HERE for contact information).

The Court has appointed Cohen & Malad, LLP and Normand PLLC as Class Counsel to represent the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

The Court has scheduled a final approval hearing on November 8, 2021 at  9:00 A.M. in Courtroom W-407 at the City-County Building, 200 E. Washington St., Indianapolis, IN 46204, subject to COVID-19 public health orders or similar court order(s).

You have the right to appear at (but are not required to attend) the final approval hearing but must submit papers in advance as set in FAQ 12. 

The notice is a summary of the terms of the Settlement.  The full Settlement Agreement and other relevant Court documents are available HERE.