Case Information
Ewigman v. 1st Auto & Casualty Insurance Company
Circuit Court of Jackson County, Missouri at Kansas City
Case No. 2216-CV03559
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.
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 |