(Last updated July 6, 2023)
Update 7/6/2023: The Court approved the Settlement. The Final Approval Order is here.
Update 6/27/23: The Court has changed the time for the Final Approval Hearing. It’s now set for Wednesday, 6/28/23, at 10:00 a.m. Central time.
Update 5/10/23: Class Counsel filed their petition for Attorney's Fees and Costs and Service Awards, which can be found here.
What is this lawsuit about?
The lawsuit alleges that the USAA companies failed to pay the full amount of Sales/Use Tax, Vehicle Regulatory Fees, and Car Replacement Assistance (or “CRA”) Sales Tax to people who insured their vehicle under a Nebraska auto policy issued by one of the USAA companies, and whose vehicle was declared to be a total loss.
The USAA companies are United Services Automobile Association, USAA Casualty Insurance Company (“CIC”), USAA General Indemnity Company (“GIC”), and Garrison Property and Casualty Insurance Company (“Garrison”). The USAA companies deny that they did anything wrong and maintain that they have complied with and exceeded their obligations under Nebraska law and their insurance policies. The Parties, however, have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of continued litigation.
How do I know if I am in the Settlement Class?
The Settlement Class consists of people who had a vehicle insured under a Nebraska auto insurance policy issued by one of the USAA companies, who had comprehensive / collision coverage, whose vehicle was totaled in an auto accident, who submitted a claim under their comprehensive/collision coverage during the Applicable Class Period, and who did not receive the full payment of Sales Tax, Vehicle Regulatory Fees, and/or Car Replacement Assistance (or “CRA”) Sales Tax.
The “Applicable Class Period” is as follows: (1) for GIC insureds, November 23, 2015 through February 6, 2023, and (2) for USAA, CIC, and Garrison insureds, March 25, 2017 through February 6, 2023.
FAQ 6 provides more information about the Settlement Class definition.
What does the Settlement provide?
If the Court approves the Settlement, the USAA companies will pay up to $3.125 million ($3,125,000) in claim payments to Qualifying Settlement Class Members who submit a timely Claim Form. At this time, we don’t know what your individual payment will be, but Qualifying Class Members will receive the full amount of their Sales Tax, Vehicle Regulatory Fees, and Car Replacement Assistance (or “CRA”) Sales Tax that is due to them, to the extent it was not already paid by USAA. FAQs 8 and 9 provide more information on the calculation of claim payments. FAQs 10, 11, and 12 provide information on how you can submit a claim.
In addition, Class Counsel will ask the Court for an award of attorneys’ fees and expenses of up to $850,000, and for proposed service awards to the Class Representatives in the amount of up to $5,000 each. If the Court approves those payments, they will be paid by the USAA companies separately and apart from the payments to Class Members. See FAQs 17 and 18 for more information on these issue.
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