A class action is a lawsuit in which one or more individuals bring claims on behalf of other persons or entities. These persons or entities are referred to as a class or class members. In a certified class action, the Court resolves certain issues, legal claims, and/or defenses for all class members in a single action, except for those persons or entities who ask in writing to be excluded from the class. 

Plaintiff alleged that GEICO Casualty Company (“Defendant”) breached its contracts (Automobile Insurance Policies) by failing to fully pay Plaintiff and other Louisiana insureds who submitted physical damage claims for their vehicles during the Class Period, and which resulted in a Total Loss Claim Payment. Specifically, Plaintiff alleges that Defendant failed to pay full Transfer Fees following a total loss. Defendant maintains that it complied with the terms of the Automobile Insurance Policies and applicable law and denies that it acted wrongfully or unlawfully and continue to deny all material allegations.

Transfer Fees means fees charged by the State of Louisiana to transfer title to a vehicle, $18.50 prior to July 1, 2015, and thereafter $68.50. As well as an $8 handling fee and a $26.00 fee charged by the State of Louisiana to register a vehicle for two years (which is based on a $13,000.00 average vehicle value).

As a part of the Settlement, Defendant has agreed to pay Settlement Class Members who were insured by GEICO Casualty Company or other affiliated GEICO insurers (together “GEICO”) and who submitted a valid timely Claim form, upon Court approval:

80% of applicable Transfer Fees (less any amount in Transfer Fees originally included in the total-loss claim payment), reduced by each claimant’s proportional share of Class Counsel Fees and court-awarded costs. For total loss claims after June 30, 2015, the payment is $82 (less any Transfer Fees included in the original total loss claim payment and less each claimant’s proportional share of Class Counsel Fees and/or court-awarded costs). For total loss claims before July 1, 2015, the payment will be $42 (less any Transfer Fees included in the original total loss claim payment and less each claimant’s proportional share of Class Counsel Fees and/or court-awarded costs).

Class Counsel is seeking Fees and Costs not to exceed $260,000.00 from the Monetary Relief, and a Service Award not to exceed $8,000.00 to the Class Representative, with all amounts to be approved by the Court. 

In exchange, Plaintiff and the Settlement Class Members who did not exclude themselves agreed to give up any claim they have for payment of fees in relation to their total loss claims. If you are a member of the Settlement Class, you could have submitted a Claim Form to be eligible to be paid. Alternatively, you may, if you wish, have requested to be excluded from the Settlement Class, which means you are not eligible for payment, and you maintain your right to sue GEICO individually and separately for payment of Transfer Fees. You may also have objected to the terms of the Settlement, if you complied with the requirements set forth on the Notice.

You may be a member of the Settlement Class if you were a Louisiana policyholder and insured by GEICO and submitted a Covered Total Loss Claim during the time period of November 5, 2010 through November 30, 2023.

If you already received full Transfer Fees as part of your Total Loss Claim Payment, you are not part of the Settlement Class. You received a Notice because GEICO’s records indicate you had a Total Loss claim and therefore may be a member of the Settlement Class.

If you are a Class Member, you had four options. You may have submitted a Claim Form for payment, excluded yourself from the Settlement, objected to the terms of the Settlement, or done nothing now and stayed in the case. For more information about your options, please continue reading the FAQs below or download a copy of the Settlement Agreement, available for download on the "Important Documents" page of this website.

You had the right to do nothing. If you did nothing, you are bound by the terms of the Settlement and released any claim against GEICO for Transfer Fees, even if you did not submit a Claim Form for payment. You will not receive a Settlement Class Member Payment if you did nothing.

You may have submitted a Claim Form for payment of unpaid Transfer Fees. If you submitted a Claim Form in the mail, it must have been postmarked no later than May 18, 2024. If the address you submitted on your Claim Form changes, you must contact the Settlement Administrator to provide a current address or you may not receive your Settlement Class Member Payment.

The District Court conducted a fairness hearing to decide whether to grant final approval of the Proposed Settlement. In addition to the Settlement receiving final approval, Settlement payments will not be distributed until after the claims administration process is complete, and this process can take time.

You had the right to not be part of the Settlement by excluding yourself or “opting out” of the Settlement Class. If you wished to exclude yourself, you must have done so on or before April 18, 2024. If you excluded yourself from the Settlement Class, you gave up your right to receive any benefits as part of this Settlement, and you will not be bound by any judgments or orders of the Court, whether favorable or unfavorable. However, you kept your right to sue GEICO separately in another lawsuit if you choose to pursue one.

IF YOU DID NOT EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY THE POSTMARK DEADLINE OF APRIL 18, 2024, YOU WILL REMAIN PART OF THE SETTLEMENT CLASS AND WILL BE BOUND BY THE ORDERS OF THE COURT IN THIS LAWSUIT AND BY THE TERMS OF THE SETTLEMENT IF IT IS APPROVED BY THE COURT, EVEN IF YOU DO NOT SUBMIT A CLAIM FORM FOR PAYMENT. IF YOU DID NOT WISH TO BE BOUND BY THE DECISIONS OR SETTLEMENT IN THIS CASE, YOU MUST HAVE REQUESTED EXCLUSION FROM THE CLASS ACTION.

No. Settlement Class Members who submitted a timely and valid request for exclusion from the Settlement Class shall have no rights or obligations as Settlement Class Members pursuant to the Settlement Agreement and shall not be bound by the Releases as specified in the Agreement.

The full terms of the Settlement can be found on the "Important Documents" page of this website. If you thought the terms of the Settlement were not fair, reasonable, or adequate to the Class Members, you could have filed a Notice of Intent to object to the terms of the Settlement. If you objected to the terms of the Settlement, you could not request exclusion from the Settlement. If you objected to the terms of the Settlement and your objection is overruled, you will be bound by the terms of the Settlement and all rulings and orders from the Court.

Notices of Intent to object must have been postmarked by April 18, 2024. Any Notice of Intent that is not postmarked by the deadline set forth above or which does not comport with the requirements listed above may waive the right to be heard at the Fairness Hearing. If you filed a Notice of Intent, you waived the right to request exclusion from the Class and will be bound by any decisions and orders from the Court and by the terms of the Settlement if it is approved by the Court. If you did not want to be bound by the decisions and rulings by the Court, you must have filed a request for exclusion and not a Notice of Intent. 

The Court has preliminarily appointed Plaintiff, CARLA WRIGHT, to be the Class Representative of the Settlement Class. The Court has also preliminarily appointed the following lawyers as Class Counsel for the Settlement Class:

These lawyers are experienced in handling class action lawsuits, including actions on behalf of insured policyholders. More information about Class Counsel is available on their websites.

Class Counsel sought attorneys’ fees and costs of $260,000 from the available settlement benefits, which was approved by the Court.

Class Counsel sought a Service Award for the Class Representative in the amount of $8,000.00, from the available settlement benefits, which was approved by the Court. The Service Award is designed to reward the Class Representative for securing the recovery awarded to members of the Settlement Class and to acknowledge the time spent by the Plaintiff participating in the case, and prosecuting the claims for the benefit of the Settlement Class. 

Unless you requested exclusion from the Settlement Class, you gave up the right to individually sue GEICO for unpaid fees (including, but not limited to, title, registration/handling, plate and other fees) as part of your Covered Total Loss Claim, even if you did not submit a Claim Form for payment as part of this Settlement. You are not releasing any other claim against GEICO. Full terms of the Released Claims and Released Parties can be found in the proposed Settlement Agreement on the "Important Documents" page of this website.

The District Court held a FAIRNESS HEARING on May 15, 2024, at 9:30 a.m. CST in Courtroom 2 of Russell B. Long Federal Building and United States Courthouse, 777 Florida Street, Suite 139, Baton Rouge, LA 70801 to decide whether to grant final approval of the Proposed Settlement. The Court released an Order on June 12, 2024, approving the Settlement, a copy of which is available on the "Important Documents" page of this website. 

If you have any questions about the lawsuit or any matter raised in the Notice, please call toll-free at 1-877-231-0645 or review the documents found on the "Important Documents" page of this website.

You also may contact Class Counsel, whose contact information is available above.