Johnathan H. Weimar v. Geico Advantage Insurance Company
Weimar v. Geico Advantage Insurance Company
2:19-cv-2698-JTF-tmp

Frequently Asked Questions

 

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  • You received a notice because you have been identified as a potential Settlement Class member and may be eligible to receive a benefit under the Settlement.

  • A class action lawsuit was filed alleging that Defendant Geico Advantage Insurance Company violated the Tennessee Code by charging unlawful deductibles to uninsured motorists’ property damage claims. The Defendant denies any wrongdoing, and the Parties have agreed to a Settlement to avoid the risks of litigation.

  • You are a Settlement Class Member and may be entitled to receive a cash benefit if, between June 29, 2012 and August 12, 2020, you were a policyholder insured by GEICO under a motor vehicle insurance policy issued in Tennessee for collision and uninsured motorist coverage and submitted an uninsured motorist claim to GEICO in which GEICO determined the other driver was known, uninsured, and solely at fault and to whom GEICO applied a deductible (or any other deductible).

    If you fall within this definition, you are a Settlement Class Member unless you exclude yourself by September 21, 2020.

  • If you are a class member, you may or may not be entitled to a refund of your deductible. You will receive a refund only if it is determined that a deductible was improperly applied to your claim and that you suffered a net financial loss as a result of the deductible being applied to your claim.

    If the total of the Class members’ claim is less than $180,000, then each class member will receive as Claim Settlement Payment the full amount of his or her deductable or that portion of the deductable to which the class member was entitled. If the total of the class members’ claim exceeds $180,000, then each class members will receive a pro rata amount of the $180,000.

  • Settlement benefits will be mailed to each class member who timely submits a valid claim form, once the Court approves the Settlement and payments are calculated. Please periodically check the Settlement Website for any updates.

  • Settlement payments will be sent via check. Please make sure your address on file is current.

  • In order to qualify for a Cash Benefit, you must timely submit a valid claim form on or before September 21, 2020. Online claim forms are available by clicking on "File a Claim" in the upper right-hand corner of this website,

  • Failure to submit a completed claim form by the deadline will result in a release of any potential claim against GEICO covered by the class settlement. Class members will also not receive any Cash Benefit.

  • Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you cannot object because the case no longer affects you.

  • If you do not wish to participate in the class action, you must opt out of the Settlement. In order to opt out of the Settlement, class members must complete the Opt-Out Form by clicking on "Opt Out" in the upper right-hand corner of this website on or before Septemeber 21, 2020.

  • Except those class members who timely submit a valid request for exclusion from the Settlement class, all other class members will be deemed to be class members for all the purposes under the Agreement and will be legally bound by all the orders and judgments of the Court and Release of the claims in the Settlement.

  • If you do nothing, which means if you did not submit a claim form, you will not receive any Cash Benefit. You will still be deemed a class member for all the purposes under the Agreement and will be legally bound by all the orders and judgments of the Court and Release of the claims in the Settlement.

  • The Court has appointed the following lawyers as Class Counsel to represent you and the Settlement Class.

    Frank L. Watson, III
    William F. Burns
    William E Routt, III
    Watson Burns, PLLC
    253 Adams Ave
    Memphis, TN 38104
    T: 901.529.7996

    Malcom B. Futhey, III
    Futhey Law Firm, PLC
    1440 Poplar Ave
    Memphis, TN 38104
    T: 901.725.7585

     
  • The Court has ordered that the total of all applications for attorneys’ fees, expenses and incentive award by Class Counsel and any other person on behalf of class members shall not exceed $115,000. Class Counsel has agreed that the amount of such fees and expenses awarded shall fully compensate them for all work and expenses in this Action for claims asserted before and after the entry of the final judgment.

  • If you wish to object to the Settlement, you must mail your written objection to the Clerk of Court by November 2, 2020 at the following address:

    Thomas M. Gould, Clerk of Court
    United States District Court for the Western District of Tennessee
    167 N. Main St, Room 242
    Memphis, TN 38103

    To be valid, a written objection must include (a) the case name and number (2:19-cv-2698-JTF-tmp); (b) the name and address of the objecting class member and of counsel, if represented; and (c) the basis for objection. Any class member who fails to object in this manner will be deemed to have waived their objection and will not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing.

  • The Final Approval Hearing will be held on Wednesday, December 2, 2020 at 10:15 am in Memphis, Tennessee before the Honorable Judge John T. Fowlkes, Jr.

    The hearing may take place via telephone or video conference so as to allow the Final Approval Hearing to proceed despite limitations on in-court hearings related to the COVID-19 pandemic.

  • You may attend the hearing if you wish, but you are not required to attend. Any class member who files a notice of intent to appear shall be provided with information required to access the telephonic or video hearing.

  • You may contact the Claims Administrator at 1-833-794-0947.  Additional details about the Settlement may be found by reviewing the Settlement Agreement under the Important Documents section.

    PLEASE DO NOT CONTACT THE CLERK OF THE COURT, THE JUDGE, OR PETRO WITH INQUIRIES ABOUT THE SETTLEMENT.

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