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.

Your Legal Rights and Options in This Lawsuit

Do Nothing.	If you meet the criteria to be a member of the Settlement Classes and did nothing, then you remain a member of the Settlement Classes. By remaining a Settlement Class Member, you are bound by the Settlement and were sent a payment on May 12, 2025, representing your share of the Settlement Fund. Due to unclaimed funds from the initial distribution, if you successfully cashed or claimed that initial payment, you were sent a second payment on November 4, 2025. If you did not exclude yourself from the Settlement, all of the Court’s orders and judgments regarding this Settlement apply to you and you will not be able to sue the Defendants over the issues resolved by this Settlement.
Exclude Yourself	If you did not wish to participate in the Settlement of this Class Action, you could have requested exclusion from the Settlement Classes. If you chose to be excluded, you are (1) not sharing in the benefits of the Settlement; and (2) not bound by any order or judgment made by the Court in relation to this Settlement. If you requested exclusion, you have the right to pursue individually, at your own expense, any claim you may have against Progressive. The deadline for requesting exclusion from the Settlement was February 1, 2025.
Object	If you did not exclude yourself, you could have objected to the Settlement if you did not like any part of it. You could have given reasons why you thought the Court should not have approved the Settlement, the request for attorney’s fees and expenses, or the request for Class Representatives’ service awards. The deadline for objecting to the Settlement was February 1, 2025.
Go to a Hearing	You may have asked to speak in Court about the fairness of the Settlement. The deadline to challenge the fairness of the Settlement and ask to speak at the hearing was February 1, 2025.