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Insurance

Insurance cases often require media-based notice to reach class members whose names and addresses are no longer available to the defendant. To supplement direct notice, Kinsella Media carefully selects a variety of media vehicles targeted to the specific demographics of class members.

Selected Case Experience: Insurance

Fogel v. Farmers Group, Inc., No. BC300142 (Super. Ct. Cal.).
  • Case: $455 million settlement – Service Fees Mismanagement
  • Class Membership: Subscribers to or a named insured on an insurance or reinsurance policy issued by Farmers Insurance Exchange, Fire Insurance Exchange, or Truck Insurance Exchange.
  • Notice Program: Direct mail was used to reach a majority of the class members; it was supplemented by advertisements in nationwide consumer publications and the highest circulating newspapers in states where policyholders resided.
  • Highlights: Over 2.1 million claims were filed. A simplified postcard reminder with a tear-off claim form significantly boosted claims. 
  • Creative: View the reminder postcard.

Arthur v. The Standard Fire Insurance Co. and The Travelers Indemnity Co., No. 09-7332 U.S. (E.D. La.).
  • Case: $2 million – Benefits Adjustment
  • Class Membership: Property owners who sustained damage in Hurricanes Katrina or Rita.
  • Notice Program: Direct notice supplemented by regional print and TV. Press releases focused on local markets where claimants were likely located. 
  • Highlights: Using data from the Bureau of Labor Statistics and other sources, the displacement of Hurricane Katrina evacuees was studied to determine where notice should be provided.
  • Creative: View the TV spot.

Daniel v. Aon Corporation, No. 99 CH11893 (Ill. Cir. Ct. Cook County).
  • Case: $38 million settlement – Consumer Fraud
  • Class Membership: Individuals who used an Aon subsidiary or affiliate in the United States to place, renew, consult on, or service insurance or other similar risk solutions products. 
  • Notice Program: Direct notice was sent to 1.7 million class members and supported by extensive notice in consumer, insurance, and business publications.

McNeil v. American General Life and Accident Insurance Co., No. 8-99-1157 (M.D. Tenn.).
  • Case: Claims–made settlement – Insurance Fraud
  • Class Membership: A class of 9.1 million low-income individuals residing primarily in rural areas in the South who purchased accident, life, burial, and health insurance sold door-to-door over multiple decades. 
  • Notice Program: Advertising on spot TV in 66 media markets and in community newspapers, African American newspapers, and national print publications was used to reach the class.
  • Highlights: Because door-to-door sales routes remained nearly identical over time, KM constructed a database of zip codes based on current policyholders. This database was used to identify geographic areas most likely to have class members and develop the most effective media plan.

DesPortes v. ERJ Ins. Co., No. SU2004CV-3564 (Ga. Super. Ct.).

McFadden v. Progressive Preferred, No. 09CV002886 (Ct. C.P. Ohio).

Orrill v. Louisiana Citizens Fair Plan, No. 05-11720 (Civ. Dist. Ct., Orleans Parish).

Press v. Louisiana Citizens Fair Plan Prop. Ins. Co., No. 06-5530 (Civ. Dist. Ct., Orleans Parish).

Purdy v. MGA Insurance Co., No. D412-CV-2012-298 (4th Jud. Ct. N. Mex.).

Soto v. Progressive Mountain Ins. Co., No. 2002CV47 (Dist. Ct. Mont.).

Lebrilla v. Farmers Group Inc., No. 00-CC-07185 (Cal. Super. Ct. Orange County).

Arthur v. Travelers, No. 09-7332 (E.D.L.A).

Nealy v. Woodmen of the World Life Insurance Co., No. 3:93 CV-536 (S.D. Miss.).

Mills v. Zurich Life Insurance Co. of America, No. CV 2003-01471 (D.N.M.).

"The Court finds that the notice to the Class of the pendency of the Litigation and of this settlement pursuant to the Order Re: Preliminary Approval of Class Action Settlement and the Stipulation constitute the best notice practicable under the circumstances to all persons and entities within the definition of the Class and fully complied with the requirements of due process of all applicable statute and laws." 

— Judge Jonathan H. Cannnon
Lebrilla v. Farmers Group, Inc., No. 00-CC-07185 (Cal. Super. Ct. Orange County).

FEATURED MEDIA 

Fogel v. Farmers Group, Inc., No. BC300142 (Super. Ct. Cal.).