Brown et al. v. Progressive Mountain Ins. Co. et al.

This website has been set up because the Court in charge of this lawsuit has allowed, or “certified,” the lawsuit as a class action, and this website is to inform the members of the Certified Classes what the class action is about and explain their legal rights and options as members of the Certified Classes.

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 Long Form Notice, Complaints, Class Certification Order and Opt-Out Form can be found under the Documents section here.

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 people to file similar individual lawsuits and enables the court system to resolve similar claims in an efficient and economical way.

On October 11, 2021, the first of two related class actions was filed against Progressive in United States District Court for the Northern District of Georgia. Defendants sought to dismiss the class action, but the Court denied Defendants’ motion and allowed the class action to proceed. On October 4, 2022, the related class actions were consolidated. Plaintiffs filed an Amended Consolidated Class Action Complaint on October 18, 2022, asserting claims for breach of contract and breach of the covenant of good faith and fair dealing. On February 17, 2023, Plaintiffs filed a motion for class certification. After briefing on Plaintiffs’ motion for class certification, the Court granted the motion on August 3, 2023. In its Class Certification order, the Court certified the following Classes: (1) “[a]ll 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 the date of this Order [August 3, 2023], 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;” and (2) “[a]ll 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 date of this Order [August 3, 2023], 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.” The Court also appointed Plaintiffs Keddrick Brown and Michelle Bost as the Class Representatives for the Classes. The Court’s order can be viewed here.

The Class Representatives seek to recover money to compensate members of the Classes for the alleged underpayment of their total loss claims, as well as pre- and post-judgment interest. The Class Representatives are only challenging application of the Projected Sold Adjustments as part of the valuation process. The Class Representatives are not contesting or challenging any other aspect of the valuation process. If you wish to challenge an aspect of the valuation process other than application of a Projected Sold Adjustment, you should opt out of the Classes and separately file your own claim.

If you received an email notice or a postcard notice in the mail, then Progressive’s records indicate you may qualify as a member of the Certified Classes.

You are a member of the Certified Classes if during the period of October 11, 2015, to August 3, 2023, you were a Georgia resident and policyholder with Progressive Mountain, or, during the time period of June 8, 2016, to August 3, 2023, you were a Georgia resident and policyholder with Progressive Premier, and:

1. you received compensation from Progressive for the total loss of your vehicle;
2. Progressive based the compensation on a valuation report prepared by Mitchell International, Inc.; and
3. that valuation report applied Projected Sold Adjustments to one or more of the comparable vehicles used to determine actual cash value.

If these criteria apply to you, you fall within the definition of the certified Classes.

Class Members have the following two options:

1. Remain a Member of the Certified Classes. If you wish to remain a member of the Certified Classes, you are not required to do anything at this time.
2. Ask to be excluded from the Certified Classes. 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 meet the criteria to be a member of the Certified Classes and do nothing, then you will remain a member of the Certified Classes. By remaining a Class Member, you are agreeing that the claims against Progressive will be determined on a class-wide basis. As a member of the Classes, you will be bound by the outcome of this lawsuit. If the lawsuit results in a judgment favorable to the Classes, you will be entitled to share in the benefits of that judgment. If the outcome is favorable to Progressive, your rights will be determined by the decision rendered in this lawsuit, and you will receive nothing.

If you choose to be excluded from the Classes (by submitting a written request for exclusion in accord with FAQ 10 below), you will not share in the benefits, if any, that members of the Classes may be entitled to as a result of trial of this lawsuit; and you will not be bound by any decision in this lawsuit favorable to Progressive.

If you request exclusion, you will have the right to pursue individually, at your own expense, any claim you may have against Progressive.

If you do not want to be a member of the Classes, you must send a written letter to the Brown v. Progressive Notice Administrator, postmarked by January 29, 2024. Your request to be excluded from the Classes must include the following:

• Your full name, current address, and telephone number
• A statement that you are writing about this specific case with the case number. This case is Keddrick Brown et al. v. Progressive Mountain Ins. Co. et al., Case 3:21-cv-00175-TCB.
• A statement that indicates your desire to be excluded from the Classes in Keddrick Brown et al. v. Progressive Mountain Ins. Co. et al., Case 3:21-cv-00175-TCB
• Your personal signature along with your printed name

Your Request for Exclusion must be sent to the following address by no later than January 29, 2024.

Brown v. Progressive Notice Administrator
P.O. Box 4178
Portland, OR 97208-4178

Exclusions via telephone, email or website will not be effective. Exclusions executed by someone besides you or on your behalf will not be effective. You must personally sign the exclusion request.

By doing nothing, you are choosing to remain in the certified Classes. By remaining a Class Member, you are agreeing that the claims against Progressive will be determined on a class-wide basis. As a member of the Classes, you will be bound by the outcome of this lawsuit. If the lawsuit results in a judgment favorable to the Classes, you would be entitled to share in the benefits of that judgment. If the outcome is favorable to Progressive, your rights will be determined by the decision rendered in this lawsuit, and you will receive nothing.

Yes. The Court appointed the law firms of Carney Bates & Pulliam PLLC (“Carney Bates”); Shamis & Gentile, P.A.; Normand PLLC; Edelsberg Law, P.A.; Lober & Dobson, LLC; and Irby Law, LLC, collectively referred to as Class Counsel, to represent you and other members of the certified Classes. If you have any questions for Class Counsel, you may direct those to the address provided below.

CARNEY BATES & PULLIAM PLLC
519 W. 7th St.
Little Rock, AR 72201
www.CBPLaw.com

You do not need to hire your own lawyer. However, you are free to hire your own lawyer, at your own expense, and enter an appearance in this action through your lawyer if you so desire.

Complete copies of public pleadings, Court rulings and other filings are available for review and copying at the office of the Clerk of the Court for the United States District Court for the Northern District of Georgia, 2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, Georgia, between 8:00 a.m. and 4:45 p.m., Monday through Friday, excluding Court holidays. Additional information is also available on this website, or by contacting Class Counsel at the address provided above. The Long Form Notice, Complaints, Class Certification Order and Opt-Out Form can be found under the Documents section here.

Please do not contact the Court, the clerk’s office, Defendants, or Defendants' counsel to ask questions about this class action. They cannot answer any questions or discuss the class action.