What is the lawsuit about?
The lawsuit alleges that in settling total losses, PEMCO improperly took deductions for “typical negotiation.” The plaintiff in the lawsuit alleges that the use of the “typical negotiation” deduction resulted in the underpayment of total loss claims to PEMCO insureds and, as a result, breached PEMCO’s insurance contract and violated Washington law. PEMCO denies that it did anything wrong.
Who is included?
You are a member of the Class if you are a PEMCO insured under an auto policy issued in the State of Washington who was paid by PEMCO for the total loss of your own vehicle(s) under one of PEMCO’s first party coverages (Comprehensive, Collision, and Underinsured Motorist), for a loss occurring between May 17, 2012 and April 30, 2020, and PEMCO used an estimate that contained a "typical negotiation" deduction as part of the process in valuing your vehicle.
What does the Settlement provide?
Each Class Member’s payment will depend on the total loss value paid by PEMCO in which the estimate used a “typical negotiation” deduction. Each Class Member is entitled to submit a claim. For Class Members who qualify for a payment, because their total loss was settled involving an estimate which took a “typical negotiation” deduction, the payment will be an amount, not paid to you previously, up to the amount of the “typical negotiation” deduction, less a percentage that the Court may award for attorneys fees and costs, and less any successful challenge amounts. PEMCO has the right under the Settlement to challenge any Valid Claim Form that is submitted. Not everyone who submits a Valid Claim Form will be eligible for payment.