Class Action - Verdicts & Settlements
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Cash Settlement -- Nationwide Class Action 3/14/08 Pierce v. Universal Underwriters Life Insurance Company, Superior Court of Muscogee County, Georgia. Credit Insurance Class Action. Unearned premium refunds due as a result of early termination of insured loans. Butler, Wooten & Fryhofer, LLP served as co-Class Counsel with Samuel W. Oates of Oates & Courville in Columbus in a class action settlement which was preliminarily approved by Judge Doug Pullen on March 14, 2008. Pierce v. Universal Underwriters had been certified as a class action on March 5, 2007. Most such settlements in the past have been on a "claims made" approach. Class Counsel conceived a different approach calculated to identify and locate more insureds due refunds and locate them. UULIC has agreed and been ordered to create a database of information about potential class members who may be entitled to unearned premium refunds due to early termination. That database will then be turned over to Class Counsel and to Rust Consulting, a national settlement administration firm, which will act as Settlement Administrator. UULIC will pay $49 million into an interest-bearing trust fund to be used to pay refunds due to all class members who can be located, costs of administration, and attorneys fees (which will be set by the Court). Class Counsel and Rust will then use lender contacts and credit reporting agency analysis to determine the loan termination dates for all insureds within the applicable states' statutes of limitation, and determine thereby which insureds are due refunds as a result of early termination, obtain updated addresses for such insureds, and issue refunds. All funds remaining will be placed in a Remainder Fund, to be donated to appropriate charitable institutions as decided by a Remainder Fund Committee appointed by the Court. The settlement will be administered by the Court and Class Counsel. Cash Settlement -- National Class Action 10/31/07 Toole v. JMIC Life Insurance Company, Superior Court of Muscogee County, Georgia. Credit Insurance Class Action. Unearned premium refunds due as a result of early termination of insured loans. Butler Wooten & Fryhofer served as co-Class Counsel with Samuel W. Oates, Jr. of Oates & Courville in Columbus in a class action settlement which was preliminarily approved by Judge Doug Pullen on [date]. Toole v. JMIC had been certified as a class action on [date], and that decision had been affirmed by the Georgia Court of Appeals on [date]. Most such settlements in the past have been on a "claims made" approach. Class Counsel conceived a different approach calculated to identify and locate more insureds due refunds and locate them. JMIC has agreed and been ordered to create a database of information about potential class members who may be entitled to unearned premium refunds due to early termination. That database will then be turned over to Class Counsel and to Rust Consulting, a national settlement administration firm, which will act as Settlement Administrator. JMIC will pay $45 million into an interest-bearing trust fund to be used to pay refunds due to all class members who can be located, costs of administration, and attorneys fees (which will be set by the Court). Class Counsel and Rust will then use lender contacts and credit reporting agency analysis to determine the loan termination dates for all insureds within the applicable states' statutes of limitation, and determine thereby which insureds are due refunds as a result of early termination, obtain updated addresses for such insureds, and issue refunds. All funds remaining will be placed in a Remainder Fund, to be donated to appropriate charitable institutions as decided by a Remainder Fund Committee appointed by the Court. The settlement will be administered by the Court and Class Counsel. Nationwide Class Action Settlement 5/16/07 Perkins v. American National Insurance Company, United States District Court, Middle District of Georgia Credit Insurance Class Action. Unearned premium refunds due as a result of early termination of insured loans. Butler, Wooten & Fryhofer, LLP served as co-Class Counsel with Ben B. Philips of Philips & Branch in Columbus in a class action settlement which was preliminarily approved by Judge Clay Land on May 16, 2007. Most such settlements in the past have been on a "claims made" approach. Class Counsel conceived a different approach calculated to identify more insureds due refunds and locate them. In this case American National has agreed and has been ordered to create a database of information about potential class members with all information necessary to identify those insureds who may be entitled to unearned premium refunds. American National will contact its dealers and its insureds' lenders to determine the loan termination date for each insured covered during the applicable states' statutes of limitation. That information will enable American National to identify those insureds due refunds. The settlement process will be audited by Rust Consulting, a national settlement administration firm. |
