Ubillus / Perry Progressive Total Loss Class Action

The information contained on this website is only a summary of the information presented in the Notice of Class Action (the “Notice”). You may download a full copy of the more detailed Notice by clicking on the Notice page, or you may call the Progressive Total Loss Helpline at 877-390-3159 to request a copy of the Notice by mail. You should review the Notice for additional details because this website is only a summary.

You may be affected by a class action lawsuit against Progressive Marathon Insurance Co. (“Progressive”). The lawsuit is titled, Gonzalo Ubillus v. Progressive Marathon Ins. Co. , Case No. 2019-741-CK, pending in the 22nd Circuit Court for the County of Washtenaw, Michigan. The lawsuit alleges that Progressive breached its auto insurance policies by failing to pay sales tax, a certificate of title fee, and/or a vehicle registration transfer fee to its insureds as part of the actual cash values of their vehicles it determined to be total losses. The lawsuit also alleges that Progressive was obligated to pay dealer documentary preparation fees to its total loss insureds who were reasonably likely to incur the fees as of the dates of their total losses.

• The Court has allowed this lawsuit to proceed as a class action. You are a member of the class if: (1) you were insured by a Progressive Marathon Insurance Company insurance policy issued in Michigan; (2) you made a claim for physical damage to a vehicle; (3) Progressive paid your claim as a total loss; and (4) Progressive did not pay you sales tax, a certificate of title fee, a vehicle registration transfer fee, and/or dealer documentary preparation fees as part of your total loss claim payment from July 18, 2013, through July 17, 2016.

• The Court has found in favor of Plaintiff Ubillus, but not the rest of the Class in this lawsuit, and the case has not been settled. There are no benefits available now and there is no guarantee that there will be in the future.

IF YOU ARE A CLASS MEMBER, YOUR LEGAL RIGHTS ARE AFFECTED AND YOU HAVE A CHOICE TO MAKE NOW.

YOUR LEGAL RIGHTS AND OPTIONS
WHAT IS THIS?	The Court has allowed this lawsuit to proceed as a class action, and you may be a member of the Class. This notice explains what the lawsuit is about, how it may affect your rights, and what steps you can take to either stay in this lawsuit or exclude yourself, also known as opting-out.
DO NOTHING	Stay in the lawsuit. Await the outcome. Give up certain rights. Share in any benefits. By doing nothing, you keep the possibility of getting money or benefits from a judgment or a settlement of this lawsuit. However, if you remain in the lawsuit, you will give up any rights to sue Progressive separately about the same legal claims in this lawsuit.
EXCLUDE YOURSELF	Exclude yourself from this lawsuit. Get no benefit from this lawsuit. Keep certain rights. If you ask to be excluded and money or other benefits are later awarded or recovered through settlement, you won’t share in those. However, you would keep any rights to sue Progressive separately about the same legal claims in this lawsuit. Requests for exclusion must be postmarked on or before May 15, 2023. You can access the Exclusion Form by downloading a paper form to mail to the Notice Administrator or filling out the electronic form available on the Opt-Out page of this website.

• Your options – and the deadlines to exercise them – are explained in FAQs 10-12. To ask to be excluded, you must act on or before May 15, 2023.

• The Plaintiff must prove the Class’s claims against Progressive. If money or other benefits are obtained from Progressive, you will be notified about how to ask for a share.