IMPORTANT UPDATE: The Court held the Final Approval Hearing on December 5, 2022, and the Court granted final approval of the Settlement on the same day. You may read the Court's Order here.

What is this lawsuit about?

The lawsuit claims that United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, and Garrison Property and Casualty Insurance Company (“Defendants”) breached their contracts (Automobile Insurance Policies) by failing to fully pay Plaintiffs and other Ohio insureds who submitted physical damage claims for their vehicles during the Class Period, and which resulted in a Total Loss Claim Payment. Specifically, Plaintiffs allege that Defendants’ settlement practice of paying Sales Tax and Car Replacement Assistance ("CRA") Sales Tax on a reimbursement basis after the insured replaced their totaled vehicle was improper. Plaintiffs also allege that Defendants improperly failed to compensate insureds the cost of re-titling a salvaged vehicle retained by some insureds following a Total Loss. Defendants maintain that they complied with the terms of the Automobile Insurance Policies and applicable law and deny that they acted wrongfully or unlawfully and continue to deny all material allegations.

How do I know if I am in the Settlement Class?

You may be a member of the Settlement Class against Defendants if you were an Ohio policyholder and insured by one of Defendants and submitted a Covered Total Loss Claim during the following periods:

1. Sales Tax Class Period:
   1. Garrison: September 16, 2005, through Preliminary Approval Date
   2. USAA CIC: October 26, 2012, through Preliminary Approval Date
   3. USAA: November 5, 2013, through Preliminary Approval Date
   4. USAA GIC: February 21, 2014, through Preliminary Approval Date
2. CRA Sales Tax Period:
   1. Garrison: February 21, 2014, through Preliminary Approval Date
   2. USAA CIC: October 26, 2012, through Preliminary Approval Date
   3. USAA: February 21, 2014, through Preliminary Approval Date
   4. USAA GIC: February 21, 2014, through Preliminary Approval Date
3. Salvage Class Period:
   1. Garrison: February 21, 2014, through Preliminary Approval Date
   2. USAA CIC: October 26, 2012, through Preliminary Approval Date
   3. USAA: February 21, 2014, through Preliminary Approval Date
   4. USAA GIC: February 21, 2014, through Preliminary Approval Date

If you already received Sales Tax, CRA Sales Tax, and/or Salvage Title Fees as part of your Total Loss Claim Payment, you are not part of the Settlement Class.

What does the Settlement provide?

As a part of the Settlement, the Defendants, have agreed, upon Court approval, to:

1. Pay Settlement Class Members who timely submit a valid Claim Form Sales Tax on the actual cash value of their Total Loss at the Ohio state sales tax rate of 5.75%, reduced by each claimant’s proportional share of Class Counsel Fees, Service Awards, and court-awarded costs.
2. Pay Settlement Class Members who had optional CRA Coverage and who timely submit a valid Claim Form for CRA Sales Tax an additional 20% of the Ohio state sales tax rate of 5.75% for their Total Losses, reduced by each claimant’s proportional share of Class Counsel Fees, Service Awards, and court-awarded costs.
3. Pay Settlement Class Members who retained title to their Total Loss and who timely submit a valid Claim Form for Salvage Title Fee an additional $20.
4. Pay Class Counsel Fees not to exceed $3,000,000.00, a Service Award not to exceed $5,000.00 to each Class Representative, and court-awarded costs not to exceed $25,000.00 from the Cash Settlement Benefits, with all amounts to be approved by the Court.