NEW YORK, July 2 (Reuters) - Progressive agreed
to pay $48 million to settle a class action lawsuit accusing the
insurer of systematically undervaluing the claims of New York
drivers whose vehicles were wrecked.
A preliminary settlement of the proposed class action was
filed on Monday night in federal court in Manhattan, and
requires approval by U.S. District Judge Lorna Schofield.
Policy holders alleged that Progressive used third-party
software that underestimated what their vehicles could have been
sold for before they became total losses.
They said the software used adjustments that overstated the
impact of haggling, when the availability of prices online made
such negotiations obsolete.
This effort to "thumb the scale" artificially reduced
payouts, violating Progressive's policies and New York's general
business law, the policy holders said.
Progressive denied wrongdoing in agreeing to settle.
Neither the Mayfield, Ohio-based insurer nor its lawyers
immediately responded to requests for comment on Tuesday.
The settlement covers New York policy holders from July 28,
2015 to the present. Each member of the settlement class is
expected to receive a $335 check, court papers show.
Lawyers for the policy holders may seek up to $16 million in
legal fees.
The case is Volino et al v Progressive Casualty Insurance Co
et al, U.S. District Court, Southern District of New York, No.
21-06243.