Frequently Asked Questions

1. WHAT IS THE PURPOSE OF THE NOTICE?

If you received an Email Notice or Postcard Notice, it is because Progressive Specialty Insurance Company’s (“Progressive”) records indicate that you may be a member of the class of individuals affected by this proposed Settlement.

The Court has given its preliminary approval to the Settlement, and has ordered that an Email Notice or Postcard Notice be sent to all Class Members to consider their options. A copy of the Settlement Agreement is available on the Important Case and Settlement Documents page of this Website, and describes all of the details about the proposed Settlement.

2. WHAT IS THIS CASE ABOUT?

Plaintiff brought claims in court against Progressive. The claims will be referred to as the “Lawsuit.” The Lawsuit alleges that Progressive failed to give certain of its automobile insurance policyholders an antitheft device discount when an “engine immobilizer” is installed as part of the manufacturer’s standard equipment. The Lawsuit alleges that Progressive’s conduct violated 75 Pa. Cons. Stat. § 1799.1 and was a breach of Progressive’s insurance contracts.

Progressive denies that it did anything wrong and is vigorously defending Plaintiff’s allegations. The Parties, however, have agreed to settle the Lawsuit to avoid the cost, delay, and uncertainty of further litigation.

3. WHAT DOES THE SETTLEMENT PROVIDE AND WHAT DO CLASS MEMBERS GIVE UP?

Under the Settlement, Progressive will make available $2.0 million for payments to Class Members and to cover certain expenses associated with the Lawsuit (the “Gross Settlement Amount”). If the Court approves the Settlement, Current Policyholders will automatically be paid their share of the Net Settlement Fund after the payment of certain costs of settlement notice and administration, attorneys’ fees and expenses, and a Class Representative incentive award. Former Policyholders must fill out and return the Address Verification Form in order to receive their share of the Net Settlement Fund. The exact amount each Class Member will be paid cannot be calculated until the Court approves the Settlement and fees and the total number of participating Class Members is determined. In addition, each Class Member’s payment will vary depending on the amount of antitheft discount to which he or she was entitled under the Settlement. Each distribution Class Member will receive a pro rata share of the Net Settlement Fund (not to exceed 10% of the comprehensive coverage premium charged on the Class Member’s Affected Policies) based on the amount of the Class Member’s comprehensive coverage premiums paid on Affected Policies during the class period. If the Settlement is given final approval by the Court, it is expected that Settlement credits or checks should issue by the end of February 2020.

Under the Settlement, Progressive also agreed that, for a period of at least two years, Progressive shall provide the Antitheft Discount to current Pennsylvania personal automobile insurance policyholders, and to new insureds under personal automobile insurance policies with comprehensive insurance coverage, including at renewal, whose vehicles are identified on the Chart of Qualifying Vehicles. For the two year period referenced in the prior sentence, Progressive will conduct a manual review to identify then-current Pennsylvania personal automobile policyholders whose cars are identified on the Chart of Qualifying Vehicles and provide the discount to those individuals. Progressive concurrently intends to build its own database, which will be populated with the vehicles identified on the Chart of Qualifying Vehicles and may include additional vehicles that Progressive determines have a qualifying passive antitheft device installed as manufacturer’s standard equipment. In the event that such database is completed and functional within two years after the Effective Date, Progressive will use it to provide the discount automatically to Pennsylvania personal automobile insurance policyholders with comprehensive coverage whose vehicles have a qualifying passive antitheft device as manufacturer’s standard equipment as determined by Progressive. This automatic provision of the discount may or may not begin during the two year period described above.

If the Settlement becomes final, the Lawsuit will be dismissed with prejudice and Progressive will receive a complete Release and discharge from all Class Members of the claims asserted in the Lawsuit.

4. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?

The Court decided that the Settlement Class includes:

All Progressive Specialty Insurance Company personal automobile policyholders in Pennsylvania who, at any point during the Class Period of November 19, 2005, to December 31, 2018: (a) had a policy of automobile insurance that included comprehensive insurance coverage; (b) insured a make, model and year vehicle that has as standard equipment a Pass-Key or PassLock system, SecuriLock/PATS system, Sentry Key Immobilizer System, Nissan Vehicle Immobilizer System, or Mercedes Immobilizer system as identified on the Chart of Qualifying Vehicles; and (c) did not receive a 10% discount on the comprehensive portion of the paid premium.

The Chart of Qualifying Vehicles is available here.

5. IF I CURRENTLY HAVE AN AUTO INSURANCE POLICY WITH PROGRESSIVE, WHAT DO I NEED TO DO TO PARTICIPATE IN THIS SETTLEMENT?

If you are a Class Member and currently have an auto insurance policy with Progressive, your share of the Settlement will be paid automatically in the form of a credit to your current auto policy.

6. IF I DO NOT CURRENTLY HAVE AN AUTO INSURANCE POLICY WITH PROGRESSIVE, WHAT DO I NEED TO DO TO PARTICIPATE IN THIS SETTLEMENT?

If you are a Class Member but do not currently have an auto insurance policy with Progressive, your share of the Settlement will be paid in the form of a check mailed to your address, but only if you return the Address Verification Form. You can print a copy of that form by visiting the Important Case and Settlement Documents page of this Website.

7. WHAT ARE MY OTHER OPTIONS?

  • You may object to the Settlement. The procedure for objecting is explained below in FAQ: HOW DO I OBJECT TO THE SETTLEMENT?
  • You can exclude yourself from the Class and the Settlement. If you choose this option you will not be a member of the Class and will not receive any benefits of the Settlement. The procedure for excluding yourself is explained below in FAQ: HOW DO I EXCLUDE MYSELF FROM THE CLASS?

8. HOW DO I EXCLUDE MYSELF FROM THE CLASS?

To exclude yourself from the Settlement, you must send a signed statement that includes your name, address, and telephone number, stating that you wish to exclude yourself from the case. Your written request should be mailed to:

Boyle v. Progressive Class Settlement Exclusion Request
Civil Action No. 09-5515-TJS
Settlement Administrator
PO Box 1327
Blue Bell, PA 19422

Your written request must be postmarked by September 27, 2019. If your request is not postmarked by that date, your right to opt out will be waived and you will be bound by all orders and judgments entered in connection with the Settlement.

9. HOW DO I OBJECT TO THE SETTLEMENT?

Anyone who objects to the Settlement, the Settlement Agreement, the application for attorneys’ fees, the Class Representative incentive awards, or the other matters to be considered at the Final Approval Hearing may appear and present such objections or petition to intervene. In order to be permitted to do so, however, you must, on or before September 27, 2019:

File with the Court by mailing to the Clerk of the Court, United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106, a notice of your intention to object. Your notice must include the following:

(1) a heading that refers to this action by case name and case number;
(2) a statement of the specific legal and factual basis for each objection argument;
(3) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel and, if through counsel, a statement identifying that counsel by name, bar number, address, and telephone number;
(4) a description of any and all evidence you may offer at the Final Approval Hearing, including but not limited to the names, addresses, and expected testimony of any witnesses, all exhibits intended to be introduced at the Final Approval Hearing, and documentary proof of your membership in the Settlement Class; and
(5) a list of other cases in which you or counsel for you has appeared either as an objector or counsel for an objector in the last five years. If you have a lawyer file an objection for you, he or she must follow all the rules and you must list the attorney’s name, address, and telephone number in the written objection filed with the Court. All objections must be signed by the Class Member, even if you are represented by an attorney.

At the same time, serve copies of all such materials either by hand delivery or by first-class mail, postage prepaid, upon the following counsel:

Ira Neil Richards, Esq.
Schnader Harrison Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Robert Feltoon, Esq.
Conrad O’Brien PC
1500 Market Street
Center Square
West Tower, Suite 3900
Philadelphia, PA 19102

If you do not comply with the foregoing procedures and deadlines for submitting written petitions to intervene, objections, and/or appearing at the Final Approval Hearing, you may lose substantial legal rights to contest the orders or judgments of the Court entered in connection with the Settlement.

10. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THIS SETTLEMENT?

A Final Approval Hearing will be held before the Honorable Timothy J. Savage on October 22, 2019, at 10:00 A.M. in Courtroom 9A of the United States Courthouse, 601 Market Street, Philadelphia, PA 19106. The purpose of the hearing will be for the Court to determine whether the Settlement Agreement should be finally approved as fair, reasonable, and adequate and in the best interests of the Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for an incentive award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement Agreement that have properly been requested, as set forth above.

The hearing may be postponed or changed to a different date, time, or location without notice to each class member.

11. DO I HAVE TO COME TO THE HEARING?

No. You are not required to come to the Final Approval Hearing, but you may attend if you so choose. Class Counsel will answer any questions the Court may have. If you, or an attorney you have hired at your own expense, wish to speak at the Final Approval Hearing, you must file with the Court a written notice of your intention to speak at the Final Approval Hearing. Be sure to include your name, address, telephone number, and your signature by September 27, 2019. You must also send a copy by first-class mail to Class Counsel and Progressive’s Counsel at the addresses listed in FAQ: HOW DO I OBJECT TO THE SETTLEMENT? by the deadline.

12. IF I EXCLUDE MYSELF, CAN I GET ANYTHING FROM THIS SETTLEMENT?

If you choose to exclude yourself from the Settlement Class, you will not be entitled to receive the benefits of the Settlement with Progressive, including any payment from the Net Settlement Fund. Your claims against Progressive will not be released and you will be free to pursue separately any claims you believe you have.

13. WHAT HAPPENS IF I DO NOTHING?

If you are a current Progressive policyholder and do nothing, you will receive a share of the Net Settlement Fund, which will be paid automatically in the form of a credit to your auto policy in the next billing cycle after the Settlement becomes final.

If you are a former Progressive policyholder and do nothing, you will get no individual financial benefits from the Settlement. However, if you are a Class Member, the terms of the Settlement will still apply to you.

14. DO I HAVE A LAWYER IN THIS CASE? HOW WILL THE LAWYERS BE PAID?

The Court has appointed Ira Neil Richards and Arleigh P. Helfer III of Schnader Harrison Segal & Lewis LLP and Joseph C. Mariotti of Caputo & Mariotti, PC as Class Counsel to represent the Class Members. You will not be charged for these lawyers but their fees will be paid out of the Gross Settlement Amount. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

For the last nine years, Class Counsel have worked without compensation on this case. Accordingly, in connection with the Final Approval Hearing, Class Counsel will apply to the Court for an award of attorneys’ fees and expenses in an amount not to exceed one-third of the Gross Settlement Amount. In addition, subject to the approval of the Court, an incentive award of $5,000 will be paid to the Named Plaintiff. If approved by the Court, Class Counsel’s fees and Plaintiffs’ incentive awards will be paid out of the $2,000,000 Gross Settlement Amount.

15. WHO DO I CONTACT FOR MORE INFORMATION?

The Notice is only a summary of the terms of the Settlement Agreement. The actual Settlement Agreement sets forth the complete terms of this Settlement and can be viewed on the Important Case and Settlement Documents page. If you have questions regarding the Notice or the Settlement in this case you can call the toll-free number 1-888-222-8952. You can also contact Class Counsel:

Ira Neil Richards, Esq.
Arleigh P. Helfer III, Esq.
Schnader Harrison Segal & Lewis LLP
1600 Market Street, Suite 3600
Philadelphia, PA 19103
(215) 751-2017

PLEASE DO NOT CALL THE COURT OR THE OFFICE OF THE CLERK.

www.progressivesettlement.com • 1 (888) 222-8952