Brown v Progressive Settlement

This website has been set up because the Court in charge of this lawsuit approved the settlement with these two classes. This website will be updated periodically when further information becomes available.

The class action alleges that Progressive 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.

In a class action, one or more people called “Class Representatives” file a lawsuit on behalf of other people who have similar claims. This avoids the necessity for many peIn a class action, one or more people called “Class Representatives” file a lawsuit on behalf of other people who have similar claims. This avoids the necessity for many people to file similar individual lawsuits and enables the court system to resolve similar claims in an efficient and economical way.

The notice is to tell you about a proposed Settlement in the class action lawsuit Brown v. Progressive Mountain Ins. Co. and Bost v. Progressive Premier Ins. Co. of Illinois (the “Class Action”), brought against Defendants Progressive Mountain Insurance Company and Progressive Premier Insurance Company of Illinois (collectively referred to as “Progressive” or “Defendants”) for systematically paying their insureds less than the actual cash value of their vehicles for total loss claims in breach of Progressive’s policies. You received this notice because you are a member of the group of affected, called the “Settlement Classes”. This notice gives you information about the Class Action, the Settlement and your rights and options.

The class action alleges that Progressive 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 notice is an important legal document. Please read it carefully to understand the Settlement and to determine if you are a member of the Settlement Classes. If you have questions or need assistance, you can review this website or call 1-888-604-7469.

The deadline to ask to be excluded from the Settlement is April 30, 2025.

The Settlement Classes are:

• Progressive Mountain Class is defined as all persons who made a first-party claim on a policy of insurance issued by Progressive Mountain Insurance Company to a Georgia resident where the claim was submitted from October 11, 2015, through February 18, 2025, and Progressive determined that the vehicle was a total loss and based its claim payment on an Instant Report from Mitchell where a Projected Sold Adjustment was applied to at least one comparable vehicle.
• Progressive Premier Class is defined as all persons who made a first-party claim on a policy of insurance issued by Progressive Premier Insurance Company of Illinois to a Georgia resident where the claim was submitted from June 8, 2016, through the February 18, 2025, and Progressive determined that the vehicle was a total loss and based its claim payment on an Instant Report from Mitchell where a Projected Sold Adjustment was applied to at least one comparable vehicle.

Yes, the Court appointed the following law firms to represent you and other Settlement Class Members: Carney Bates & Pulliam, PLLC; Jacobson Phillips PLLC; Normand PLLC; Edelsberg Law, P.A.; Shamis & Gentile; and Bailey Glasser LLP (collectively referred to as “Class Counsel”).

The Court also appointed Plaintiffs Keddrick Brown and Michelle Bost as the Settlement Class Representatives.

Class Counsel will ask the Court for attorneys’ fees not to exceed one-third of the Settlement Fund, plus reimbursement of reasonable litigation expenses up to $380,000.00, and service awards not to exceed $10,000 to each of the two Plaintiffs for serving as the Settlement Class Representatives. The motion for fees, expenses and service awards will be filed by March 31, 2025, and subsequently made available on the Settlement Website, www.GATotalLossClaim.com.

You have three options:

• Remain a member of one of the settlement classes. To do so, you are not required to do anything. The Settlement provides that, in exchange for a dismissal of the Class Action and release of claims against Defendants and the Released Parties (as defined in the Settlement Agreement), Defendants and other Released Parties will create a fund of $43,000,000 (the “Settlement Fund”). Each Settlement Class Member who does not opt out will receive a pro rata distribution under the Settlement, after the payment of certain expenses, including attorney’s fees, litigation expenses, settlement administration expenses, and service awards. It is estimated that after payment of such fees and expenses, individual Settlement Class Members will receive a check for, on average, approximately $173.00. The individual payments will be mailed to the Settlement Class Member’s address on file with Progressive if you do not choose to receive your payment through an electronic form, such as PayPal, Venmo, or direct deposit to your bank account. There may be benefits to choosing electronic payment. For information on how to do so, or if you would like to request a change of address, please contact the Settlement Administrator.
• If you DO NOT wish to participate in the Settlement, you can request exclusion from the Settlement Classes. To exclude yourself from the Settlement, you must send a written “Request for Exclusion” to the Settlement Administrator at the following address:
  
  Brown v. Progressive Settlement Administrator,
  P.O. Box 4178,
  Portland, OR 97208-4178
  An “Opt Out” form will be available at the Settlement Website, but you need not use the form to submit a Request for Exclusion. To be valid, your Request for Exclusion must be postmarked by April 30, 2025, and must include the name and number of the case; must clearly state your desire to be excluded from the Settlement Classes, and include your name, your current address, your telephone number, and your signature. If your Request for Exclusion is not postmarked by April 30, 2025, it will be invalid and you will be included as a member of the Settlement Classes automatically and be bound by the terms of the Settlement and the Final Approval Order and Judgment even if you have previously initiated or subsequently initiate individual litigation or any other proceedings against Defendants.
• If you do not exclude yourself, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve the Settlement, the request for attorney’s fees and expenses, or the request for Class Representatives’ service awards. Objections must be filed with the Court no later than April 30, 2025, or submitted in writing to:
  
  Clerk of Court,
  Richard B. Russell Federal Building & United States Courthouse,
  2211 United States Courthouse
  75 Ted Turner Drive, SW
  Atlanta, GA 30303-3309
  
  Requests must be postmarked no later than April 30, 2025, and contain all of the following information:
  
  • a caption or title that identifies it as “Objection to Class Settlement in Brown v. Progressive, Case No. 3:21-cv- 00175-TCB,
  • the objector’s full name, address, and telephone number;
  • if applicable, the name and address of any person claiming to be legally entitled to object on behalf of a Settlement Class Member and the basis of such legal entitlement;
  • all grounds for the objection, including all evidence, citations to legal authority, and legal argument;
  • the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection (the “Objecting Attorneys”); and
  • the objector’s handwritten or electronically imaged written signature. If you wish to appear at the Court’s Final Fairness Hearing (see below), either personally or through counsel who files an appearance with the Court in accordance with the Local Rules, you must write “Intention to Appear” on your written objection letter. If your objection does not contain all of this information, is mailed to the incorrect address, or is postmarked after April 30, 2025, your objection will be considered invalid, and you will be deemed to have waived your objection.

The Court will hold a Final Fairness Hearing on May 15, 2025, at 11:30 a.m. before judge Timothy C. Batten Sr. in courtroom 2106 at the Richard B. Russell Federal Building & United States Courthouse, 2211 United States Courthouse, 75 Ted Turner Drive, SW., Atlanta, GA 30303. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will also decide Class Counsel’s application for attorneys’ fees and expenses and the Settlement Class Representatives’ application for service awards. We do not know how long these decisions will take. The Court may change the date or time of the Final Fairness Hearing without further notice, so please check the Settlement Website for any changes.

Settlement Class Members are not required to attend the Final Fairness Hearing, but you may attend the hearing if you so wish. Class Counsel will answer any questions the Court may have at the Final Fairness Hearing. However, you may come at your own expense if you would like to attend the hearing. You may also pay your own lawyer to attend, but it is not necessary.

If you send a written objection, you do not have to come to the Court to talk about it. As long as you mailed your written objection on time and followed the instructions above, the Court will consider it. However, if you want to speak about your objection, you may speak at the hearing but only if you have clearly written “Intention to Appear” on your written objection letter.

This notice summarizes the Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available on this website; or contact Class Counsel by mail at:

14 NE 1st Ave., Suite 705
Miami, FL 33132

You may also call the Settlement Administrator toll free at 1-888-604-7469 or Email the Settlement Administrator with your questions at info@GATotalLossClaim.com.