This official website is maintained by the Settlement Administrator supervised by Class Counsel in the two class action lawsuits against Progressive Marathon
Insurance Co. (“Progressive Marathon”) and one class action against Progressive Michigan Insurance Co. ("Progressive Michigan"). This website was previously
created for the notice plans following the entry of orders certifying classes in Gonzalo Ubillus v. Progressive Marathon Ins. Co., Case No. 2019-741-CK, and
Angela Perry and Michael Peterson. v. Progressive Michigan Ins. Co., et al., Case No. 2022-971-CK, both pending in the 22nd Circuit Court for the County of
Washtenaw, Michigan.
On July 22, 2024, at the Parties request, the Court consolidated the Ubillus and Perry cases and then granted Preliminary Approval of a proposed Settlement of both cases
On July 22, 2024, at the Parties request, the Court consolidated the Ubillus and Perry cases and then granted Preliminary Approval of a proposed Settlement of both cases
The information contained on this website is only a summary. For additional details, please read the Long Form Notice available
here.
This is only a summary.
If you are or were a Progressive Insured in Michigan and received a Total Loss Claim Payment from 2013-2024, you may be entitled to a cash payment for Sales
Tax, Certificate of Title Fee, and/or Vehicle Registration Transfer Fee.
Your rights may be affected by a class action settlement.
• A Settlement has been reached in two class action lawsuits:
Ubillus v. Progressive Marathon Ins. Co., No. 2019-741-CK, and Perry, et al. v. Progressive
Michigan Ins. Co., et al.,
No. 2022-971-CK.
• This Settlement will resolve the claims of all Settlement Class Members against Progressive Michigan Insurance Company and Progressive Marathon Insurance Company (“Progressive”) involving Covered Total Loss Claims under an Automobile Insurance Policy. The lawsuits allege that Progressive breached its Michigan Automobile Insurance Policy by failing to include Sales Tax, a Certificate of Title Fee, and/or a Vehicle Registration Transfer Fee in Total Loss Claim Payments to its insureds for vehicles that Progressive determined to be a Total Loss. Progressive denies these allegations and maintains that it at all times complied with the terms of its Michigan Automobile Insurance Policy.
• You may be included in the Settlement Class if either you were insured under: (a) a Progressive Marathon Automobile Insurance Policy in Michigan, made a first-party claim for physical damage or theft to a vehicle(s), and received a Total Loss Claim Payment from July 18, 2013, through July 22, 2024; or (b) a Progressive Michigan Automobile Insurance Policy in Michigan, made a first-party claim for physical damage or theft to a vehicle(s), and received a Total Loss Claim Payment from July 18, 2016, through July 22, 2024.
• The Settlement will make available up to $61,000,000 million for the benefit of Settlement Class Members who submit Valid Claims. Subject to Court approval, up to $15,000,000 will be paid to Class Counsel for attorneys’ fees, with Progressive separately paying $10,000,000 and the other $5,000,000 being paid from amounts made available to Settlement Class Members. Subject to Court approval, Progressive will separately pay up to $460,000 for litigation costs, a $10,000 Service Award to each of the Class Representatives, and all Settlement Administration Costs. Settlement Class Member Payments will be 45% of any unpaid Sales Tax, Certificate of Title Fee, and/or Vehicle Registration Transfer Fee, provided Class Counsel is awarded over $12,500,000 but no more than $15,000,000 for attorneys’ fees, and will be adjusted upward if the attorneys’ fee award is $12,500,000 or less. Progressive has the right to audit Claims for accuracy.
• This Settlement will resolve the claims of all Settlement Class Members against Progressive Michigan Insurance Company and Progressive Marathon Insurance Company (“Progressive”) involving Covered Total Loss Claims under an Automobile Insurance Policy. The lawsuits allege that Progressive breached its Michigan Automobile Insurance Policy by failing to include Sales Tax, a Certificate of Title Fee, and/or a Vehicle Registration Transfer Fee in Total Loss Claim Payments to its insureds for vehicles that Progressive determined to be a Total Loss. Progressive denies these allegations and maintains that it at all times complied with the terms of its Michigan Automobile Insurance Policy.
• You may be included in the Settlement Class if either you were insured under: (a) a Progressive Marathon Automobile Insurance Policy in Michigan, made a first-party claim for physical damage or theft to a vehicle(s), and received a Total Loss Claim Payment from July 18, 2013, through July 22, 2024; or (b) a Progressive Michigan Automobile Insurance Policy in Michigan, made a first-party claim for physical damage or theft to a vehicle(s), and received a Total Loss Claim Payment from July 18, 2016, through July 22, 2024.
• The Settlement will make available up to $61,000,000 million for the benefit of Settlement Class Members who submit Valid Claims. Subject to Court approval, up to $15,000,000 will be paid to Class Counsel for attorneys’ fees, with Progressive separately paying $10,000,000 and the other $5,000,000 being paid from amounts made available to Settlement Class Members. Subject to Court approval, Progressive will separately pay up to $460,000 for litigation costs, a $10,000 Service Award to each of the Class Representatives, and all Settlement Administration Costs. Settlement Class Member Payments will be 45% of any unpaid Sales Tax, Certificate of Title Fee, and/or Vehicle Registration Transfer Fee, provided Class Counsel is awarded over $12,500,000 but no more than $15,000,000 for attorneys’ fees, and will be adjusted upward if the attorneys’ fee award is $12,500,000 or less. Progressive has the right to audit Claims for accuracy.
| YOUR LEGAL RIGHTS AND OPTIONS | |
|---|---|
| SUBMIT A CLAIM | The only way to get a Settlement Class Member Payment is to submit a Valid Claim. Claims must be submitted electronically by 11:59 p.m. ET on, or be postmarked by, December 6, 2024. |
| OPT-OUT | Exclude yourself from the Settlement Class and receive no money from the Settlement. This is the only choice that allows you to bring or join another lawsuit against Progressive relating to the settlement of your Covered Total Loss Claim(s) under your Automobile Insurance Policy. You may not submit a claim or object to the Settlement if you exclude yourself. Opt-out requests must be postmarked by October 22, 2024. |
| OBJECT | Write to the Court about why you don’t like the Settlement, the amount of attorneys’ fees and costs, or the Service Awards to the Class Representatives. Objections must be postmarked by October 22, 2024. You may still submit a Claim for a Settlement Class Member Payment, and you will still be bound by the Settlement if it is approved by the Court. You cannot, however, opt-out and also object. |
| GO TO A HEARING | If you object, you may ask to speak in Court at the Final Approval Hearing about the fairness of the Settlement, the amount of attorneys’ fees and costs, or the Service Awards to the Class Representatives. If you want your own attorney to represent you, you must pay for that attorney. Your objection must give notice of your intent to appear. |
| DO NOTHING | Get no payment. You will release your claims, and you will have no right to sue later for the claims released by the Settlement. |
