Case Information

About This Case

Important Notice of Class Action Settlement

THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.

  • A settlement has been reached in the case Ewigman v. 1st Auto & Casualty Insurance Company Case No. 2216-CV03559, entitling Settlement Class members to payment of Sales Tax related to vehicles determined to be total losses. This Notice explains: 1) the terms of the Settlement; 2) who is a member of the Settlement Class; 3) how to submit a Claim Form for payment; 4) how to request exclusion from the Settlement; 5) how to object to the Settlement; and 6) how to get more information about the Settlement.

  • You may be a member of the Settlement Class against the Defendant if you were a Missouri policyholder and insured by 1st Auto and submitted a physical damage claim with respect to a vehicle that resulted in a Total Loss Claim Payment during the period of October 18, 2012, through May 5, 2022. You are ineligible for this settlement if your Total Loss Claim Payment already includes Sales Tax. You received a Notice if the Defendant’s records indicate you may be a member of the Settlement Class.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM BY SEPTEMBER 27, 2023

You must submit a valid claim form via mail or electronically to receive a cash payment.

DO NOTHING

You will receive no benefits from the settlement and will no longer be able to sue the Released parties, including 1st Auto & Casualty Insurance Company.

EXCLUDE YOURSELF FROM THE SETTLEMENT BY AUGUST 11, 2023

You will receive no benefits from the settlement, but you will retain your legal claims against the Released Parties.

OBJECT BY AUGUST 11, 2023

Write to the Court about why you do not agree with the Settlement. You must remain in the settlement class and submit a valid claim form to object to the settlement.

GO TO A HEARING ON SEPTEMBER 12, 2023

Ask to speak in Court about the fairness of the Settlement.

The Court in charge of this case still must decide whether to approve the Settlement. No payments or other settlement benefits will be issued until the Court gives final approval to the settlement and any appeals are resolved.

Case Forms

Important Dates

Preliminary Approval Hearing

05/09/2023


Notification Mailing

07/12/2023


Objection Deadline

08/11/2023


Opt Out Deadline

08/11/2023


Final Approval Hearing

09/12/2023


Claim Deadline

09/27/2023