The United States District Court for the Northern District of Georgia (the “Court”) has certified two classes in the lawsuit styled Keddrick Brown et al. v. Progressive Mountain Ins. Co. et al. (the “Class Action”).

IF YOU WERE A GEORGIA RESIDENT AND A POLICYHOLDER WITH PROGRESSIVE MOUNTAIN INSURANCE COMPANY DURING THE TIME PERIOD OF OCTOBER 11, 2015, TO AUGUST 3, 2023, OR YOU WERE A GEORGIA RESIDENT AND POLICYHOLDER WITH PROGRESSIVE PREMIER INSURANCE COMPANY OF ILLINOIS DURING THE TIME PERIOD OF JUNE 8, 2016 TO AUGUST 3, 2023, AND YOU MADE A CLAIM ON A VEHICLE THAT WAS DETERMINED BY PROGRESSIVE TO BE A TOTAL LOSS, YOU MAY BE A MEMBER OF THE CERTIFIED CLASSES.

The Class Action alleges that Progressive Mountain Ins. Co. (“Progressive Mountain”) and Progressive Premier Ins. Co. of Illinois (“Progressive Premier”) (collectively with Progressive Mountain “Progressive” or “Defendants”) systematically paid their insureds less than the actual cash value of their vehicles for total loss claims, in breach of Progressive’s policies and in breach of the covenant of good faith and fair dealing. Plaintiffs assert that Progressive did this by basing the compensation for insureds’ total loss claims on valuation reports that applied Projected Sold Adjustments, which Plaintiffs allege are improper. The Class Representatives are only challenging application of the Projected Sold Adjustments as part of the valuation process.

However, your legal rights may be affected, and you must make a choice now.


Your Legal Rights and Options in This Lawsuit
Remain a Member of the Certified Classes

Do nothing. Stay in the lawsuit. Await the outcome.

If you wish to remain a member of the certified Classes, you are not required to do anything at this time. By doing nothing, you are choosing to stay in the Classes. You will be permitted to share in any recovery that may result from this class action, but you will give up your rights to sue Defendants in a separate lawsuit for any claims made in this action.

Ask to be Excluded from the Certified Classes

Get out of this lawsuit. Keep your rights to sue Defendants in a separate lawsuit.

If you do not wish to participate in the class action, you must send a letter requesting to be excluded postmarked no later than January 29, 2024. If you exclude yourself from this lawsuit, you will not be entitled to any recovery that may result from this class action, but you will be free to pursue any claim you may have against Defendants on your own or as part of a different lawsuit (but you should consult with a lawyer to determine whether those claims are timely).