Volino v. Progressive Casualty Ins. Co. et al.

If you were a New York resident and policyholder with Progressive during the time period of July 28, 2015, to August 20, 2024 or a New York resident who made a claim on another person’s policy with Progressive during the time period of July 28, 2018, to August 20, 2024, you may be entitled to a payment from a proposed settlement in the class action lawsuit Volino, et al. v. Progressive Casualty Ins. Co., et al.

This Settlement resolves allegations that Progressive Advanced Ins. Co., Progressive Specialty Ins. Co., Progressive Max Ins. Co., and Progressive Casualty Ins. Co. (collectively referred to as “Progressive” or "Defendants") systematically paid their insureds less than the actual cash value of their vehicles for total loss claims, in breach of Progressive’s policies. In addition to their breach of contract claim, Plaintiffs also asserted claims on behalf of insureds and third-party claimants alleging deceptive practices in violation of New York General Business Law (“GBL”) § 349 and sought a judgment that Progressive’s application of Projective Sold Adjustments violates Regulation 64. The Class Representatives only challenged the application of the “projected sold adjustment” as part of the valuation process.

The Class Representatives and Defendants agreed to a settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the Class Members can get payments in exchange for releasing Defendants from liability. The Settlement does not mean Defendants broke any laws and/or did anything wrong, and the Court did not decide which side was right.

However, your legal rights may be affected, and you must make a choice now.