Miller v. Mutual of Enumclaw Insurance Company, et al.
Miller v. Mutual of Enumclaw
19-2-12357-1

Welcome to the Miller v. Mutual of Enumclaw Settlement Website

If you had an auto insurance policy in Washington issued by Mutual of Enumclaw Insurance Company and/or Enumclaw Property and Casualty Insurance Company and received payment to cover damage to your vehicle between November 25, 2013 and August 14, 2020, you may be able to get a payment from this class action Settlement.

What is this settlement about?

In this lawsuit, the Plaintiff claims that when certain automobiles sustain damage to their structural systems and bodies, they cannot be fully repaired to their pre-accident condition, causing the vehicles to suffer a loss in value called “diminished value.” Plaintiff alleges that Mutual of Enumclaw Insurance Company and Enumclaw Property and Casualty Insurance Company ("MOE") failed to pay or pay adequately for this type of loss under its Washington insurance policies’ UMPD coverage, and that such an alleged failure to pay is a breach of MOE’s automobile insurance contracts. MOE denies that it did anything wrong.

Am I a Class Member?

You are a member of the Class if MOE paid to have your insured vehicle repaired under the UIM PD provision of an MOE policy issued in Washington; and

  1. the repair estimate on your vehicle (including any supplements) totaled at least $1,000; and
  2. your vehicle was no more than six years old (model year plus five years) and had less than 90,000 miles on it at the time of the accident; and
  3. your vehicle suffered structural (frame) damage and/or deformed sheet metal and/or required body or paint work.

You are not a part of the Class if, at the time of your accident, (a) your vehicle was leased, (b) your vehicle was declared a total loss, or (c) your covered accident was before November 25, 2013.

What does the settlement provide?

Each Class Member who submits a valid claim form will receive a payment that will depend on his or her vehicle repair costs. Here’s how it works: each Class Member is entitled to request a payment. For Class Members who qualify for a payment, that payment will be calculated as the Class Member’s repair cost times the portion of the Settlement paid to Class Members (i.e., $1,386,000.00 minus attorneys’ fees and costs and incentive payments to the Class Representative) divided by the aggregate value of all Class Members’ repair costs, less any past payments for diminished value to the Class Member.

Not everyone who receives this Notice will be eligible for payment. The average payment for qualified Class Members will likely be in the range of several hundred dollars per Class Member, depending on how much, if any, payment for diminished value the claimant has already received. You can only receive your share of the Settlement if you submit a Valid Claim Form by January 25, 2021.

Your Legal Rights and Options

Option
Event
Submit a Claim Form

Postmarked by January 25, 2021
This is the only way to get a payment. You must submit a Claim Form to receive a payment in connection with this Settlement.
Comment (including Objections)

Received by November 11, 2020
If you’re a Class Member, and you do not exclude yourself, you can – but need not – comment on or object to the Settlement. See FAQ 11 for more information.
Go to the Hearing

December 11, 2020 at 9:00 a.m.
If you would like, you may ask to speak in Court about the fairness of the Settlement. You do not need to do this to receive a payment under the Settlement. See FAQ 16 for more information.
Do Nothing You will get no payment if you do not submit a Claim Form and you will still be bound by the terms of the Settlement.
Ask to be Excluded

Postmarked by November 11, 2020
Get out of this Settlement. Get no benefits from it. Keep your rights. See FAQ 10 for more information.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Miller v. Mutual of Enumclaw et al.
c/o JND Legal Administration
PO Box 91209
Seattle, WA 98111