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

Frequently Asked Questions

 

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  • You received a letter (called a "Notice"), and the enclosed Blue Claim Form, because the records of Mutual Of Enumclaw Insurance Company and Enumclaw Property and Casualty Insurance Company ("MOE") show that you were an insured who received payment under your UMPD coverage for property damage to your insured automobile for an accident occurring between November 25, 2013 and August 14, 2020, and who meet certain other requirements.

  • In the lawsuit, 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 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.

  • The class action suit has been pending since November 25, 2019. It has now been resolved for up to $1,386,000.00. If the Settlement is approved, you may be eligible for benefits that will be provided as part of the proposed Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. If you wish to receive money from or comment upon (including stating any objection to the Settlement) you must do so following the procedures described below. If you do nothing, you will not receive any money but will bound by the Settlement terms and any final judgment.

    The Court in charge of the case is the Pierce County Superior Court, state of Washington, and the case is known as Miller v. Mutual of Enumclaw Insurance Company and Enumclaw Property and Casualty Insurance Company, Case No. 19-2-12357-1. The person who brought this suit is called the Plaintiff.

  • In a class action, one or more people called Class Representatives, sue on behalf of people who have similar claims. All of these people are part of a “Class.” One court resolves the issues for all Class Members, except for those who have previously excluded themselves from the Class. Pierce County Superior Court Judge ELIZABETH MARTIN is presiding over this class action.

  • After this matter was filed, both sides agreed to a Settlement, which brings the litigation to an end. That way, Plaintiff and the Defendant avoid the cost, delay, and uncertainty of moving forward in litigation to trial and possible appeals, and the Class Members may get payments. The Class Representative and his attorneys think the Settlement is best for the Class Members.

  • You are a member of the Class if the MUTUAL OF ENUMCLAW INSURANCE COMPANY or the ENUMCLAW PROPERTY AND CASUALTY INSURANCE COMPANY paid to have your insured vehicle repaired under the UIM PD provision of a MUTUAL OF ENUMCLAW INSURANCE COMPANY or a ENUMCLAW PROPERTY AND CASUALTY INSURANCE COMPANY 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.

  • Each Class Member who submitted 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 the 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 submitted a Valid Claim Form by January 25, 2021.

  • To qualify for payment, you must be an eligible Class Member (see FAQ 6, above) and have submitted a valid Claim Form by January 25, 2021. If you wished to submit a claim, you were required to complete, sign, and return a Claim Form, postmarked by January 25, 2021, or submit a Claim Form online by January 25, 2021. This deadline has now passed and no new Claim Forms will be accepted.

  • Eligible class members will receive payment after all appeals have been concluded and the Settlement is approved with no further appeals possible. We will provide regular updates on the status of the Settlement to all people who submit Claim Forms on the main page of this website. Please be patient.

  • To exclude yourself, you must have mailed your Exclusion Request postmarked by November 11, 2020.  This deadline has now passed. 

  • The deadline to comment on or object to the terms of the Settlement has now passed.  If you are a Class Member and did not exclude yourself you are bound by the terms of the Settlement Agreement and the final judgement.

  • The Court has decided that the attorneys bringing this suit are qualified to represent you and all Class Members. Together these lawyers are called “Class Counsel.” They are experienced in handling similar cases against other insurers. Class Counsel appointed by the Court are Scott P. Nealey and Stephen M. Hansen. They can be reached to answer any questions you may have at 415-231-5311 or 253-302-5955, respectively.

    Class Counsel’s fees and costs will be determined by the Court and subtracted from the Settlement. Other than that, you will not be charged for these lawyers’ work in securing the Settlement benefits for you and the other Class Members. You owe nothing if you participate in the Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel asked the Court for an award of their attorneys’ fees up to 25% of the common fund, together with reimbursement of their costs according to the terms of the Stipulation of Settlement. Since even before filing this lawsuit, Class Counsel have worked continuously on this case, but have not received any money for that work. The attorneys’ fees and costs, as awarded by the Court, shall be paid from the $1,386,000.00 available to the Class Members in this Settlement. In addition, Class Counsel applied to the Court for a service award of $7,500 for Lance Miller. This service award is being requested in recognition of the time, effort, and risk incurred by the Class Representative in securing this Settlement for you and the other Class Members.

  • The Court held a Final Settlement Hearing at 9:00 a.m. on December 11, 2020 at the Pierce County Superior Court, Courtroom 833, 930 Tacoma Ave. S., Tacoma, WA 98402. Following the hearing, the Court decided that the Settlement is fair, reasonable, and adequate. A copy of the Final Order can be downloaded from the Important Documents page.

  • No, but you were welcome to come at your own expense. If you sent a comment (including an objection), you did not have to come to Court to talk about it. As long as you mailed it on time, the Court considered it. You could also have paid your own lawyer to attend, but it was not necessary.

  • could have asked the Court for permission to speak at the Final Settlement Hearing by sending a letter to both lawyers listed in FAQ 11, above, saying that it wass your “Notice of Intention to Appear at the Final Settlement Hearing in Miller v. Mutual of Enumclaw et al.” You could not speak at the hearing if you previously opted out of the Class, because the case no longer affects you.

  • If you did nothing, you will get no money from this Settlement. To receive a payment, you must have submitted a qualifying Claim Form by January 25, 2021.

  • This Notice summarizes the proposed Settlement. More details are in the Stipulation of Settlement. You can view and print a copy of the Stipulation of Settlement on the Important Documents page.

    Please do not call the Court, the Court clerk’s office, or Mutual of Enumclaw Insurance Company or its lawyers to inquire about this Settlement. They will be unable to help you.

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