South v. Progressive Select Insurance Co.

Case No. 1:19-cv-21760

United States District Court for the Southern District of Florida

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why Did I Receive the Notice?

    Progressive Select’s records show that you received payment for total loss of a motor vehicle located in Florida. A Court decided to allow a class action lawsuit to proceed against Progressive Select related to how it calculated the value of the vehicle for which you claimed a total loss. You have legal rights and options that you may exercise before trial. The trial is to decide whether the claims being made against Progressive Select are correct. The case may settle or be dismissed before a trial or on appeal.

    Judge William P. Dimitrouleas, of the United States District Court for the Southern District of Florida currently is overseeing this case. The case is known as South v. Progressive Select Insurance Co., Civil Case No. 1:19-cv-21760. The person who sued, William South, is called the “Plaintiff.” Progressive Select is called the “Defendant.”

    You also have likely received a similar notice in Paris, et al. v. Progressive American Insurance Co., et al., Case No. 19-21761, which is another lawsuit being overseen by Judge Dimitrouleas in the United States District Court for the Southern District of Florida. The Paris case and South case are separate cases with overlapping claims. You will not be able to recover against Progressive twice if you are a member of both classes.

  3. What is a class action and who is involved?

    In a class action lawsuit, one or more people called “Class Representatives” (in this case William South) sue on behalf of other people who have similar claims. Together, those other people are a “Class” or “Class Members.” The Class Representative(s) who sued—and all the Class Members like them—are called the Plaintiffs. The company they sued (in this case Progressive Select) is called the Defendant. One court resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.

  4. Why is this lawsuit a class action?

    The Court decided that this lawsuit can be a class action and move toward a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that the Class Members are sufficiently numerous, there are questions of law and fact that are common to all Class Members that predominate over questions affecting individual Class Members, the Class Representative’s claims are typical of those of the Class, the Class Representative and Class Counsel are adequate to represent the Class, and proceeding as a Class is superior to the alternatives.

    More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order Certifying the Class, click here.

    The Court may revisit this decision and decertify the Class at any time.

  5. THE CLAIMS IN THE LAWSUIT

  6. What is the Plaintiff’s Complaint?

    This lawsuit is about whether Progressive Select’s calculations for total loss vehicles in Florida resulted in insureds being paid less for their vehicles than the amounts that they were entitled to recover under their insurance policies and/or a Florida insurance statute. Plaintiff alleges that Progressive Select uses the Mitchell Work Center Total Loss (“WCTL”) system to value total loss vehicles and that the WCTL method of valuation results in insureds being paid less than they are entitled to recover for their total loss vehicle claims. Plaintiff alleges that this conduct by Progressive Select violates Florida law in addition to the policies. Plaintiff also alleges that Progressive Select was required by its insurance policies and Florida law to pay insureds title fees, registration fees, and dealer fees, but did not. You can read Plaintiff’s Class Action Complaint, click here.

  7. How Does Progressive Select Answer?

    Progressive Select denies any wrongdoing. Progressive Select claims that it has fully complied with the terms of its insurance policies and Florida law by settling total loss claims based on the Actual Cash Value of each covered loss vehicle. Progressive Select argues that the insurance policies expressly authorize Progressive Select to use the WCTL system to determine vehicle values for total loss claims and that the use of the WCTL system complies with Florida law. You can read Defendant’s Answer to Plaintiff’s Class Action Complaint, click here.

  8. Has the Court decided who is right?

    The Court has not decided whether Plaintiff or Defendant is right. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiff will win or lose this case.

  9. What are the Plaintiffs asking for?

    The Plaintiff is asking that Class members be compensated for alleged breach of the insurance policies as follows: (1) the difference, if any, between the NADA Clean Retail Value and the WCTL value for Class members’ total loss vehicles; (2) title and registration fees of $79.85; and $670 in dealer fees. If the WCTL value for your claim exceeded the NADA Clean Retail Value, the Court will not require that you return the excess payment.

  10. Is there any money available now?

    No money or benefits are available now because the Court has not yet decided whether Progressive Select did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If benefits are obtained, and you do not remove yourself from the Class, you will be compensated or be notified about how to ask for a share of the proceeds. Even if the Court determines that Plaintiff is entitled to a monetary recovery, that does not determine your monetary recovery. Damages would be calculated on an individual basis.

  11. WHO IS IN THE CLASS?

  12. Am I part of this Class?

    Judge Dimitrouleas has certified the following class:

    All individuals who: (a) on or after September 18, 2013; (b) are or were covered by a Progressive Select Insurance Company (“Progressive”) Florida personal automobile insurance policy; (c) made a claim under the Collision or Comprehensive coverages of that policy for damage or loss to a covered vehicle which Progressive accepted and treated as a total loss claim; and (d) Progressive paid the claim on a cash settlement basis with the actual cash value derived from the Mitchell Work Center Total Loss system. The class period will be from September 18, 2013, to the date of class certification, January 20, 2021.

  13. How can I confirm that I am in the Class?

    If you are not sure whether you are included in the Class, you can get free help by sending an email to Info@FLTotalLossClassAction.com, by calling (844) 992-2427, or by contacting one of the lawyers listed in FAQ 14. The fact that you received this notice means that Progressive Select’s records indicate that you are likely a member of the Class.

  14. YOUR RIGHTS AND OPTIONS

  15. What happens if I do nothing at all?

    You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing, you are staying in the Class, and you will be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action. If you stay in the Class and the Plaintiff obtains money or benefits, either as a result of a trial or a settlement, you will either be compensated automatically or be notified about how to apply for a share. Keep in mind that if you do nothing now, regardless of whether the Plaintiff or Defendant wins or loses the trial, you will not be able to sue Progressive Select about any legal claim that is included in this lawsuit.

  16. Why would I ask to be excluded?

    If you want to bring your own action against Progressive Select related to the issues presented in this case, you should exclude yourself from the Class. Unless you exclude yourself, you give up any right to sue Progressive Select for the claims that are asserted in this class action. If you choose to exclude yourself, you will not get any money or benefits from this lawsuit even if the Plaintiff obtains them from a trial or from any settlement between Progressive Select and the Plaintiff. If you start your own lawsuit against Progressive Select after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start your own lawsuit against Progressive Select, you should talk to your own lawyer soon, because your claims may be subject to a time limit.

  17. How do I ask the Court to exclude me from the Class?

    To ask to be excluded, also sometimes referred to as “opting out” of the class, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from South v. Progressive Select Insurance Co. Be sure to include your name, policy number and address, and sign the letter. You must mail your Exclusion Request postmarked by May 10, 2021 to: Class Action Exclusion Request, Attn: South v. Progressive Select, PO Box 58220, Philadelphia, PA 19102. You may also get an Exclusion Request form at the website, click here, which you can print out and mail to the foregoing address postmarked by the May 10, 2021 deadline.

  18. THE LAWYERS REPRESENTING YOU

  19. Do I Have a Lawyer in the Case?

    Yes. The Court appointed the following lawyers as “Class Counsel” to represent all the members of the Class:

    Scott R. Jeeves, Esquire
    The Jeeves Law Group, P.A.
    954 First Avenue North
    St. Petersburg, FL 33705
    Telephone: (727) 894-2929

    Roger L. Mandel, Esquire
    Jeeves Mandel Law Group
    2833 Crockett Street, Suite 135
    Fort Worth, TX 76107
    Telephone: (214) 253-8300

    Craig E. Rothburd, Esquire
    Craig E. Rothburd, P.A
    320 W. Kennedy Blvd., Suite 700
    Tampa, FL 33606
    Telephone: (813) 251-8800

    Edward H. Zebersky, Esquire
    Mark S. Fistos, Esquire
    Zebersky Payne Shaw Lewenz, LLP
    110 S.E. 6th Street, Suite 210
    Ft. Lauderdale, FL 33301
    Telephone: (954) 989-6333

    Alec H. Schultz, Esquire
    Hilgers Graben PLLC
    1221 Brickell Avenue, Suite 900
    Miami, FL 33131
    Telephone: (305) 630-8304

    Casim Adam Neff, Esquire
    Neff Insurance Law, PLLC
    P.O. Box 15063
    St. Petersburg, FL 33733-5063
    Telephone: (727) 342-0617

    Stephen B. Murry, Jr.
    Murray Law Firm
    Suite 2150 Poydras Center
    650 Poydras Street
    New Orleans, LA 70130
    Telephone: 504-525-8100

    If you have questions, you may contact these lawyers. You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, however, you may hire one at your own expense.

  20. Should I get my own lawyer?

    You do not need to hire your own lawyer, because Class Counsel are working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. You can ask him or her to appear in Court for you in this case if you want someone other than Class Counsel to speak for you.

  21. How will the lawyers be paid?

    Class Counsel have not been paid or reimbursed for their time and expenses incurred in pursuing this case. You will not have to pay these fees and expenses. If Class Counsel obtains money or benefits for the Class, they may ask the Court for fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Progressive Select.

  22. WHAT HAPPENS NEXT

  23. How and when will the Court decide who is right?

    Unless the case is resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiff’s claims at a trial. Trial is currently set to take place during the two-week period beginning June 7, 2021. That date is subject to change. During the trial, a Jury or the Judge will hear the evidence to help reach a decision about whether the Plaintiff or Defendant is right about the claims in the lawsuit.

  24. Do I have to come to the trial?

    You do not need to attend the trial. Class Counsel will present the case for the Plaintiff and the Class, and Progressive Select will present its defenses. You or your own lawyer are welcome to come to the trial at your own expense.

  25. GETTING MORE INFORMATION

  26. How do I get more information?

    The Notice should provide all the information needed to make an informed decision as to whether to remain a member of the Class.