This official website is maintained by the Notice Administrator supervised by Class Counsel in the two class action lawsuits against Progressive Marathon Insurance Co. (“Progressive”). Please note that there are two options for navigating this website.
If You Were Insured by Progressive Marathon Insurance Co., Two Class Action Lawsuits May Affect Your Rights
IMPORTANT CLASS ACTION INFORMATION – PLEASE READ CAREFULLY
The information contained on this web page is only a summary of information presented in more detail in the Notice of Class Action (the “Notice”). You may download a full copy of the Notice by clicking on the Notice page or you may call the Progressive Total Loss Class Action Helpline at 877-390-3159 to request a copy of the Notice by mail. Since this website is just a summary, you should review the Notice for additional details.
You may be affected by two class action lawsuits against Progressive Marathon Insurance Co. (“Progressive”). Both cases allege
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 value of their vehicles it determined to be total losses.
One of the cases—Ubillus—also alleges that Progressive was obligated to pay dealer documentary preparation fees to
its total loss insureds who were reasonably likely to incur that fee as of the dates of their losses. The lawsuits are called
Gonzalo
Ubillus v. Progressive Marathon Ins. Co.
, Case No. 2019-741-CK, and
Angela Perry and Michael Peterson v. Progressive Michigan
Ins. Co.
, Case No. 2022-971-CK, both pending in the Michigan 22nd Circuit Court for the County of Washtenaw.
• The Court has allowed these lawsuits to proceed as class actions. If you were insured by a Progressive Marathon
Insurance Company insurance policy issued in Michigan, and you made a claim for physical damage to a vehicle, Progressive paid
your claim as a total loss, and Progressive did not pay you sales tax, a certificate of title fee, or a vehicle registration
transfer fee as part of your total loss claim payment from July 18, 2016, through January 6, 2023, you are a Class Member.
• The Court has found in favor of Plaintiff Ubillus but not the rest of the Class in his case. The Court has not found in favor
of Plaintiff Peterson or the Class in his case, and the cases have not been settled. There are no benefits available now, and
there is no guarantee that there will be.
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 these lawsuits to proceed as class actions and you may be a member of the Classes. This notice is to explain what the lawsuits are about, how they may affect your rights, and what steps you can take to either stay in the cases or exclude yourself. |
| DO NOTHING |
Stay in the lawsuits. 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 these cases. But you will give up any rights to sue Progressive separately about the same legal claims in these lawsuits. |
| EXCLUDE YOURSELF |
Get out of these lawsuits. Get no benefits from these lawsuits. Keep rights. Get out of these lawsuits. Get no benefits from these lawsuits. Keep rights. If you ask to be excluded and money or benefits are later awarded, you won’t share in those. But you keep any rights to sue Progressive separately about the same legal claims in these lawsuits. Requests for exclusion must be postmarked by May 15, 2023. |
• 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 Plaintiffs must prove the claims against Progressive. If money or other benefits are obtained from Progressive, you will
be notified about how to ask for a share.
