Peck v. Progressive Class Action

WHO IS IN THE SETTLEMENT

13. How do I know if I am part of the settlement?

    The “Settlement Class” means all Progressive policyholders between January 1, 2009, and April 30, 2025, who

    1. resided in New Mexico; and

    2. purchased or otherwise paid for an insurance policy that included stacked UM Coverage while insuring only a single covered vehicle.

    There are two different groups of Settlement Class Members. Each is described below.

    “Automatic Payments” group members are those Settlement Class Members who purchased/paid for stacked UM/UIM Coverage where only a single vehicle was covered at any time from May 10, 2018, through April 30, 2025. Automatic Payments members are those in the period where no statute of limitations defense was available to Progressive. The Automatic Payments group is further divided into those entitled to $10.00 or more and those entitled to less than that amount, as far as processing and steps to obtaining payment are concerned, as outlined below.

    “Valid Claims for Other Payments” group members are those Settlement Class Members who purchased/paid for stacked UM/UIM Coverage where a single vehicle was covered at any time from January 1, 2009, through May 9, 2018. Other Payments members are those in the period where a statute of limitations defense may have been available to Progressive. Other Payments members may receive less than the full amount of the difference between premiums paid for stacked UM/UIM Coverage and unstacked UM/UIM Coverage on single vehicles, depending on the number of Claims made by Other Payments members. The total amount allocated to Other Payments members is no less than $37,000.00 and no more than $75,000.00.

    Back To Top
14. Are there some people who are excluded from the settlement?

    YES. There are some people who are excluded from the Settlement Class and Automatic Payments and Other Payments groups. Read carefully to determine if you are excluded.

    Settlement Class Exclusions

    The following are excluded from the Settlement Class (1) any persons who make a timely election to be excluded (i.e., opt out of the Settlement Class), as discussed further below; (2) any Claimant who has separately filed suit against any of the Released Parties up to the Notice Date, the subject of which suit is based on or contests the value or benefits provided for stacked UM/UIM Coverage on a single vehicle insurance policy; (3) any of the Judge(s) presiding over the Action; and (4) Progressive and any employee of Progressive.

    Back To Top

SETTLEMENT BENEFITS - WHAT YOU MAY GET

15. What does the settlement provide?

    Under this settlement, Progressive will pay one million seven hundred sixty-five thousand six hundred six dollars and thirteen cents ($1,765,606.13) into a Settlement Fund. Progressive also has agreed that it no longer will sell stacked UM/UIM Coverage on single vehicle policies.

    Progressive has agreed to make automatic payments to Automatic Payments members. The amount for each Insured is the difference between the premium amounts paid for single vehicle stacked UM/UIM Coverage and the premium amounts that would have been paid for single vehicle unstacked UM/UIM Coverage. Those Automatic Payments members who are entitled to receive $10.00 or more may (i) do nothing and receive a check by mail to the address the Settlement Administrator has on file; (ii) go to the Settlement Website and provide an updated address to which the Settlement Administrator will send the check; or (iii) go to the Settlement Website and elect a payment method other than check (e.g., PayPal, Venmo, EpiqPay) to receive payment. The Settlement Administrator shall make the Settlement Class Payments pursuant to the Settlement Class Members’ response or non-response to the Notice consistent with the above within forty-five days of the Effective Date.

    Automatic Payments members who are entitled to receive less than $10.00 shall have various options to receive a Settlement Class Payment (e.g., check, Paypal, Venmo, EpiqPay) and shall have ninety days after the Notice Date to select a payment option.

    Other Payments members will follow procedures similar to Automatic Payments members entitled to less than $10.00 but shall be required to submit a Claim Form and select a payment method. Other Payments will be no less than

    $37,000.00 in the aggregate and no more than $75,000.00 in the aggregate. No Other Payments member shall receive more than 100% of the difference in premium payments, but may receive less depending on the number of Other Payments Claims made.

    The Settlement Administrator shall determine whether all Claims are valid.

    Back To Top
16. When will I get my potential repayment?

    As set forth above, for Automatic Payments members entitled to $10.00 or more, Progressive will send payments within fourty-five days of the Effective Date. Failure to update personal information on the Settlement Website upon receipt of the Notice may delay your payment.

    For Automatic Payments members entitled to less than $10.00, Progressive will send payments within fourty-five days of the Effective Date. Failure to select a payment method will result in forfeiture of the payment.

    Other Payments members will receive payment within fourty-five days of the Settlement Administrator’s determination that there are sufficient unclaimed funds to pay all Claims made by Other Payments members or within fourty-five days of additional payment made by Progressive of necessary additional funds upon the Settlement Administrator’s determination that such additional funds are needed. This latter determination cannot occur sooner than 180 days after the Effective Date of the Agreement.

    Back To Top
17. Can Claims be made on behalf of a deceased Settlement Class Member?

    YES. If the Settlement Administrator is notified that a Settlement Class Member is deceased, the Settlement Administrator is authorized to reissue the Settlement Class Payment to the Settlement Member’s estate upon receiving proof the Settlement Class Member is deceased and after consultation with Class Counsel and Progressive’s Counsel.

    Back To Top
18. What happens to any funds not claimed or paid out?

    Any unclaimed or forfeited funds left over shall be paid to the non-profit Equal Access to Justice, Inc., subject to the Court’s approval.

    Back To Top

HOW TO EXCLUDE YOURSELF FROM THE SETTLEMENT OR OBJECT TO THE SETTLEMENT

19. How do I exclude myself from the settlement?

    If you are a Settlement Class Member, you have the right and ability to exclude yourself from the Settlement Class. In order to validly be excluded from the settlement, the potential Settlement Class Member must send a letter that says he or she wants to be excluded from the settlement in Jeremy Peck v. Progressive Northern Insurance Company et al., United Stated District Court for the District of New Mexico, Case No. 1:22-cv-00490-SMD-JFR, to Progressive and Class Counsel at the addresses identified in the Notice. The letter must include the Settlement Class Member’s name, address, and signature and be postmarked by January 12, 2026.

    Back To Top
20. If I do not exclude myself, can I sue later?

    NO. Unless you timely exclude yourself, you will be in the Settlement Class. This means you cannot sue, continue to sue, or be part of any other lawsuit against Progressive concerning the factual allegations, claims, or issues in this case, that you are releasing various claims and parties, as further detailed in paragraphs 35 and 36 of the Settlement Agreement, and that issue and claim preclusion and res judicata principles will apply to the fullest extent. It also means that all the Court’s orders in this case will apply to you and legally bind you.

    Back To Top
21. If I exclude myself, can I get a payment from this settlement?

    NO. If you timely exclude yourself, you cannot participate in this settlement, but you will retain all rights, claims, and causes of action that you might have against Progressive or the other Released Parties (as defined below and in the Settlement Agreement) should you choose to sue any of them on your own. You will not be legally bound by anything that happens in this lawsuit.

    Back To Top
22. How do I tell the Court if I do not agree with or object to the settlement?

    If you do not exclude yourself from the Settlement Class pursuant to the procedures described in question 19 above, you can object to the settlement. To be valid, an objection must include (a) the objector’s full name, address, telephone number, and email address (if any); (b) information identifying the objector as a Settlement Class Member; (c) a written statement of all grounds for the objection, accompanied by any legal support the objector cares to submit; (d) the identity of all lawyers (if any) representing the objector; (e) the identity of all of the objector’s lawyers (if any) who will appear at the Final Approval Hearing; (f) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; (g) a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and (h) the objector’s signature or the signature of the objector’s duly authorized lawyer or other duly authorized representative (along with documentation setting forth such representation).

    In addition to the foregoing, objections should also provide the following information (a) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer [on behalf of any person or entity] has filed an objection to any proposed class action settlement within the last three years; and (c) a list, by case number, court, and docket number, of all other cases in which the objector has been a named plaintiff in any class action or served as a lead plaintiff or class representative.

    To be considered timely, any valid objection in the appropriate form must be filed with the Clerk of the United States District Court for the District of New Mexico, no later than January 12, 2026. Settlement Class Members must mail a copy of their objection to the following three different places postmarked no later than January 12, 2026.

    Court	Class Counsel	Progressive's Counsel
    U.S. District Court District of New Mexico Pete V. Domenici U.S. Courthouse 333 Lomas Blvd NW Suite 270 Albuquerque, NM 87102	Geoffrey Romero Romero, Harada & Winters 4801 All Saints Road NW Albuquerque, NM 87120 Phone: (505) 247-3338 Fax: (505) 271-1539 Geoff@RHWLawNM.com	Michael E. Mumford Baker Hostetler LLP 127 Public Square Suite 2000 Cleveland, OH 44114

    Back To Top
23. What is the difference between objecting and asking to be excluded?

    Objecting means you are telling the Court that you disagree with something about the settlement. You can only object if you intend to stay in the Settlement Class. Excluding yourself, on the other hand, is telling the Court you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the settlement no longer affects you.

    Back To Top

THE LAWYERS REPRESENTING YOU

24. Do I have a lawyer in this case?

    YES. For purposes of this settlement, the Court has appointed the following attorneys as Class Counsel to represent you and the other Settlement Class Members.

    Geoffrey R. Romero
    Romero, Harada & Winters
    4801 All Saints Road NW
    Albuquerque, NM 87120
    
    Ray M. Vargas II, Esq.
    The Vargas Law Firm LLC
    807 Silver Avenue, SW
    Albuquerque, NM 87102
    
    Paul Zebrowski Thomas A.
    Biscup Zebrowski Law
    4801 All Saints Road NW
    Albuquerque, NM 87120

    Back To Top
25. How will the lawyers be paid?

    Class Counsel will ask the Court to award them attorneys’ fees of up to, but not to exceed, $977,609.04, inclusive of all fees, costs, and applicable New Mexico gross receipts tax, and ask the Court to order a Service Award Payment to the Plaintiff Class Representative Jeremy Peck of up to, but not to exceed, $20,000.00. Approved fees and Service Award Payment amounts will be paid by Progressive. The Court may award less than these amounts. You will not be required to pay any portion of these attorneys’ fees and other costs and the payment of these fees and costs will not affect or reduce the benefits that you may be entitled to under this settlement.

    Back To Top

THE SETTLEMENT ADMINISTRATOR

26. Who is the Settlement Administrator, and how can I contact the Settlement Administrator?

    Epiq shall act as the Settlement Administrator. Claim Forms and other documents identified in the Notice and the settlement should be mailed or provided to Epiq, whose contact information is:

    P.O. Box 3339
    Portland, OR 97208-3339
    NMUIMSettlement.com
    1-888-885-4525

    Back To Top

THE COURT'S FINAL APPROVAL HEARING

27. When and where will the Court decide whether to approve the settlement?

    The Court will hold a Final Approval Hearing at 2:00 p.m. on February 23, 2026, at the U.S. District Court, District of New Mexico, United States Courthouse, 100 N. Church Street, Las Cruces, New Mexico 88001, before the Honorable Judge Sarah M. Davenport to determine whether to approve the Settlement as fair, adequate, and reasonable, among other considerations, and to address any objections.

    The purpose of the Final Approval Hearing will be for the Court to consider whether the settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. If there are objections, the Court will consider them. If the Court approves the settlement, a final judgment approving the settlement, dismissing the lawsuit, and ordering the declaratory relief sought (the “Judgment”) will be issued. If the Court disapproves the settlement, then the lawsuit will continue, and the rights and duties set out in the settlement will be void as if no settlement had been reached.

    Back To Top
28. Do I have to come to the Final Approval Hearing?

    NO. Class Counsel and Defense Counsel will answer any questions the Court may have, but you are welcome to attend at your own expense.

    Back To Top
29. May I speak at the Final Approval Hearing?

    YES. If you wish to speak at the Final Approval Hearing, you are permitted to do so.

    Back To Top
30. When will the settlement become effective?

    Even if the Court approves the settlement, it will not become effective unless and until all the events occur as provided in Paragraph 23 of the Settlement Agreement defining “Effective Date” and describing the conditions necessary for the Effective Date to occur.

    If the Effective Date does not occur, or the settlement falls through, then the lawsuit will continue, and the rights and duties set out in the settlement will be void as if no settlement had been reached.

    Back To Top

THE EFFECT OF THE SETTLEMENT

31. What am I giving up if I stay in the Settlement Class?

    If the Effective Date occurs and the settlement becomes final, as set forth in the Settlement Agreement, then Settlement Class Members, except those who file a proper and timely notice of intent to be excluded or “opt out,” will be subject to this settlement. This means that unless you exclude yourself, you will remain in the Settlement Class, and that means you cannot sue, continue to sue, or be part of any other lawsuit against any of the Released Parties asserting any of the Released Claims. It also means that all the Court’s orders in this case will apply to you and legally bind you. If you stay in the Settlement Class, you are releasing various claims and parties, as described below and in the Settlement Agreement.

    Released Claims

    “Released Claims” means any and all claims, rights, demands, charges, complaints, causes of action, liabilities, and damages of any and every kind and nature that either has been asserted, was asserted, or could have been asserted, by any of the Releasing Parties against any of the Released Parties in the Action or in any other action or proceeding before any court, arbitrator(s), tribunal, or administrative body, regardless of whether the claims or causes of action are based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other sources, and regardless of whether they are known or unknown, foreseen or unforeseen, suspected or unsuspected, or fixed or contingent, arising out of, or related or connected in any way with the claims or causes of action of every kind and description that were brought, alleged, argued, raised or asserted in any pleading or court filing in the Action, including, without limitation, (a) any and all claims that arise out of the alleged facts, circumstances, and occurrences underlying the allegations as set forth in the Complaint filed in the Action; (b) any and all claims disputing the value or benefit of stacked UM/UIM Coverage on single vehicle insurance policies sold and issued by Progressive; and

    (c) all claims related to or arising out of Progressive’s failure to offer Plaintiff or any Settlement Class Member the opportunity to select or reject stacked UM/UIM Coverage upon the addition of a second or additional vehicle to such person’s insurance policy.

    Released Parties

    “Released Parties” or “Released Party” means Progressive Northern Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commercial Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, National Continental Insurance Company, and United Financial Casualty Company, and each of their respective past and present parent companies, subsidiaries, affiliates, related entities, successors, assigns, officers, directors, shareholders, members, agents, employees, representatives, attorneys, administrators, independent agents of Progressive and their employees, and any person related to such entities or individuals who is, was, or could have been named as a defendant in the Action, and each of their respective past and present predecessors, successors, assigns, officers, directors, shareholders, members, agents, employees, representatives, attorneys, administrators, independent agents of Progressive and their employees, and any person related to such entities or individuals who is, was, or could have been named as a defendant in the Action.

    Back To Top