Minerva Chavez, individually and on behalf of all others similarly situated v. Allstate Northbrook Indemnity Company, Civil Action No. 3:22-cv-00166 AJB-MMP (S.D. Cal.)
You have received a Notice because the Court ordered that Notice be provided to all Class members as defined by the Court. You were identified from Allstate’s records as a member of the Class. The purpose of this Notice is to provide you with information about the Lawsuit and how it may affect you. The Notice also explains what to do if you want to exclude yourself from the Lawsuit and how being a Class member affects your legal rights.
Back To TopIn this Lawsuit, the Plaintiff brought a class action alleging that Allstate breached its contract by issuing inadequate premium refunds during the changed circumstances of the COVID-19 pandemic. Allstate has denied any wrongdoing. Allstate’s position is that it at all times charged legally required rates, complied with all policy requirements, and provided adequate premium relief and denies any wrongdoing or liability to Plaintiff or Class Members. The Court has made no ruling on the merits of this case and has not decided the remaining claim in this case. This communication is being made solely to provide notice that a class has been certified and does not constitute notice of any result or outcome, for Plaintiff or Defendant, nor does it provide for the recovery of money.
More information, including a detailed notice, is available here or by calling toll-free 1-877-840-5506.
Back To TopA class action is a lawsuit that resolves issues for a group of people who have similar claims. One or more representatives known as “Class Representatives” appointed by the Court represent all members of the Class. The Class Representative in this case is Minerva Chavez, a California resident who was an automobile insurance policyholder with Allstate during the class period.
Back To TopThe Court has given the Plaintiff permission to represent the following Class:
All California residents who purchased personal automobile insurance from Allstate covering any portion of the time period from March 1, 2020 to June 11, 2021.
Excluded from the Class are the Defendant, any entity in which Defendant has a controlling interest, and Defendant’s officers, directors, legal representatives, successors, subsidiaries, and assigns. Also excluded are any judge, justice, or judicial officer presiding over this matter and the members of their immediate families and judicial staff.
If you meet the definition of the Class and are not excluded as set forth above, you are a member of the Class, which is why you received this Notice. If you want to remain included in the Lawsuit, you do not need to do anything. By doing nothing, you will continue to be part of the Class and you will receive additional information regarding the Lawsuit as it goes on. If you prefer, you may enter an appearance through your own attorney at your own personal expense.
Back To TopIf the Plaintiff wins the Lawsuit, participants who are in the Class may share in relief awarded to the Plaintiff and other Class members. If the Lawsuit is not successful, participants who are in the Class may be prevented in the future from bringing their own lawsuit against Allstate for the same claims. Thus, if you are and remain a member of the Class, you will be bound by the judgment whether favorable or unfavorable to the Plaintiff and the Class.
Back To TopNo. The Court has not yet ruled on the Plaintiff’s claim. The fact that this Notice is being posted does not mean that the Court has decided whether anyone is owed any compensation, or whether Defendant did anything wrong. No trial date has been set yet.
Back To TopNo money or benefits are available now because the Court and/or jury has not yet decided whether Allstate did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will receive another notice.
Back To TopYes. Opting out means that you choose to exclude yourself from the Class and do not wish to participate in the Lawsuit. If you opt out, you will not be bound by any judgment in the Lawsuit and will not be entitled to participate in any recovery, if any recovery occurs in the Lawsuit. Persons who choose to opt out of the Lawsuit may pursue other remedies apart from the Lawsuit that may be available to you. Neither the parties nor their attorneys make any representations to you regarding what, if any, remedies are available to you should you choose to opt out of the Lawsuit.
To opt out of the Class, you must send a written request to the Chavez Litigation Notice Administrator, P.O. Box 4235, Portland, OR, 97208-4235, which must:
A request to opt out of the Class that does not meet the above requirements, or that is sent to an address other than the address above, will be invalid and the person sending the defective request will remain in the Class and be bound by the outcome of this Lawsuit.
A request to opt out of the Class must be done on an individual basis. A Class member cannot purport to opt others out of the current litigation on a class or representative basis.
Back To TopYes. The Court has appointed the following attorneys as Class Counsel to represent the Class:
NICHOLS KASTER, LLP
Matthew H. Morgan
Robert L. Schug
80 S. 8th Street, Ste. 4700
Minneapolis, MN 55402
www.nka.com
STEPHAN ZOURAS, LLC
Ryan F. Stephan
James B. Zouras
Teresa M. Becvar
222 West Adams Street, Suite 2020
Chicago, IL 60606
www.stephanzouras.com
MANFRED, APC
Manfred Muecke
600 W. Broadway, Ste. 700
San Diego, CA 92101
www.manfredapc.com
If recovery is obtained for the Class or there is some success on the merits, Class Counsel will request that the Court award attorneys’ fees and expenses. Class Counsel may also ask the Court to approve a reasonable service award for the Class Representative. If approved, these fees and expenses and the service award will either be paid from the recovery obtained for the Class. Whether or not there is a recovery or judgment in the Plaintiff’s favor, you will not be responsible for any attorneys’ fees.
Back To TopIf you wish to be part of the Class, you do not need to do anything additional for this Lawsuit. If you wish to opt out and complete the opt-out procedure outlined above, you keep any potential claims you have against Allstate and you are free to retain another attorney at your own personal expense.
Back To TopThis Notice contains a summary of relevant court papers. Complete copies of public pleadings, Court rulings and other filings are available for review and copying at the Clerk’s office. The Clerk of the Court for the United States District Court for the Southern District of California is located at: Edward J. Schwartz United States Courthouse, 221 West Broadway, San Diego, CA 92101.
Additionally, the Court docket is accessible in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.casd.uscourts.gov.
Information is also available on this website or by calling toll-free 1-877-840-5506.
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