Attorneys successfully defended a motion for class certification
Attorneys successfully defended a motion for class certification in connection with case involving an insurer's decision to require that third party claimants obtain their own salvage certificate of title for vehicles appraised to be a total loss as a result of accidents with the defendant's insureds. In those third party claims, once the insurer appraised the claimant's vehicle to be a total loss, it sent a letter to the claimant advising them that it was their responsibility to obtain the salvage title, that the insurer would only pay for storage for a period of days thereafter, and that the claimant had to provide the insurer with the salvage title before the insurer could settle the PD claim pursuant to the applicable state regulation. A claimant who believed that treatment to be unfair and illegal filed a class action suit. Discovery revealed that approximately 1500 claimants had received some form of notice letter regarding that protocol. After extensive briefing and argument on motions for class certification, plaintiffs' motion was denied due principally to their failure to establish commonality.