Belanger v. Allstate

A United States District Court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the Lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

Federal Judge William P. Johnson of the United States District Court for the District of New Mexico is overseeing this class action. The case is known as Yvonne Belanger v. Allstate Fire and Cas. Ins. Co., et al., United States District Court for the District of New Mexico, Case No. 1:19-CV-00317-WJ-SCY. The person who filed this Lawsuit is called the “Plaintiff” or “Class Representative” and the companies they sued, Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, Encompass Home and Auto Insurance Company, Encompass Insurance Company of America, Encompass Indemnity Company, Encompass Property and Casualty Insurance Company, Esurance Property and Casualty Insurance Company, National General Assurance Company, National General Insurance Company, and Continental Insurance Company as successor by merger to Glen Falls, are called “Allstate” or the “Defendants.”

Plaintiffs allege that Allstate violated New Mexico law by misrepresenting underinsured motorist (“UIM”) coverage in their written materials and applying an offset due to the insurance coverage limits of third parties responsible for injuries or property damage (the “Lawsuit”). The Plaintiffs asserted a variety of claims: (1) negligence, (2) violations of New Mexico’s Unfair Trade Practices Act, (3) violations of New Mexico’s Unfair Insurance Practices Act, (4) policy reformation, (5) breach of the implied duty of good faith and fair dealing, (6) unjust enrichment, (7) negligent misrepresentation, (8) declaratory judgment, and (9) injunctive relief.

Allstate denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing, or that any law has been violated. Allstate denies these and all other claims made in the Litigation. By entering into the Settlement, Allstate is not admitting any wrongdoing.

In a class action, one or more people called Class Representatives sue on behalf of all people who have similar claims. Together all these people are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves from the Settlement Class.

The proposed Class Representative in this case is the Plaintiff: Yvonne Belanger.

Plaintiff and Allstate do not agree about the claims made in this Litigation. The Litigation has not gone to trial, and the Court has not decided in favor of Plaintiff or Allstate. Instead, Plaintiff and Allstate have agreed to settle the Litigation. Plaintiff and the attorneys for the Settlement Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the Settlement benefits and the risks and uncertainty associated with continued litigation and the nature of the defenses raised by Allstate.

You are a Settlement Class Member if you received a Notice of Settlement. If the Settlement Administrator mailed or emailed you a notification, you are a Settlement Class Member.

Yes. Excluded from the Settlement Class are: 1) any claimant who has separately filed suit against Allstate up to the Notice Date, the subject of which suit includes the reduction or denial of benefits on the basis of the offset described in FAQ 2 (unless such claimant elects to submit a claim under this settlement and dismisses their separately filed suit against Allstate); 2) any individual who has settled a claim for benefits reduced or denied on the basis of the offset described in FAQ 2, whose claim was adjusted or readjusted without applying the offset described in FAQ 2, and signed a final release prior to the Notice Date; 3) any claimant for whom, at claimant’s request, Allstate has already re-adjusted a claim for benefits reduced or denied on the basis of the offset described in FAQ 2 prior to the Notice Date; 4) the Judge(s) presiding over this Action; and 5) Allstate and any employee of Allstate.

If you are still not sure whether you are a Settlement Class Member, you may call the toll-free number at 888-294-7563, or call Settlement Class Counsel at 505-407-2088

The Settlement provides the following Settlement benefits to Settlement Class Members:

• Allstate will readjust certain wrongful death claims for Settlement Class Members who suffered a fatality reported to Allstate between January 1, 2014, and July 11, 2022, without the need to file a claim (the “Automatic Payments”).
• Settlement Class Members not eligible for the above benefit must file a claim to receive payment under one of two options:

Option 1 – BODILY INJURY AND/OR PROPERTY DAMAGE CLAIM - If you believe you made or could have made a UIM claim to Allstate between January 1, 2004, and your first policy renewal after July 11, 2022 for an automobile accident and/or property damage that was subject to an offset in coverage due to the insurance coverage limits of a third party responsible for your injuries and/or property damage, then you can submit a settlement claim to have your claim readjusted or to make a new claim if you did not submit one previously. If you did not submit a claim previously, you will be required to submit evidence to support your claim, including medical records, medical bills, police reports, or other evidence to substantiate your claim. If you submitted a claim previously, you may be required to supplement your previous claim with additional evidence. Any claim under this option not involving wrongful death where the accident occurred between January 1, 2004 – December 31, 2009, will receive 55% of the total amount determined. Wrongful death claimants will receive 100% of the total amount regardless of date. All Option 1 claimants, including Wrongful Death Claimants whose claims arose between January 1, 2004, and December 31, 2013, must submit a claim. Allstate will process claims made under Option 1 through its ordinary claims process.

Option 2 – RETURN OF PREMIUMS - If you are or were an Allstate policyholder at any time between January 1, 2004, and your first policy renewal after July 11, 2022, you may make a claim for a partial refund premium paid for UM/UIM coverage. No additional evidence is required to be submitted. Your refund will be either 12% of all premium paid for minimum limits, unstacked UIM coverage or 18% of all premium paid for all other UIM coverage between January 1, 2004, and your first policy renewal after July 11, 2022. The amount of your benefit will be based on the amount of UM/UIM premium paid to Allstate during the class period. Benefits under Option 2 are subject to a $2,200,000 aggregate cap for all valid claims. If the aggregate value of Valid Claims for Option 2 made is less than $2,200,000, Settlement Class Members who submit Valid Claims under this Option 2, the "Residue” (the difference between $2,200,000 and the aggregate Option 2 Valid Claims value) shall be distributed to the Class Members who submitted Valid Option 2 Claims, and receiving a pro rata share of the Residue based on their respective payment amounts so that a total payment of $2,200,000 will be paid under Option 2.

UIM Claim Re-Adjustment and Appeal Process. Allstate will process all Automatic Payments and Option 1 Settlement Claims received through its claims department. All Automatic Payments and Option 1 Settlement Claims shall be adjusted expeditiously, as they would be in the ordinary course of business. You must submit all reasonable, required supplemental documentation concerning your UIM claim in order to obtain any additional UIM benefit payment.

If you have made a claim under Option 1, Allstate shall send you a Notice of Determination, which shall set forth (i) the amounts (if any) of the Settlement Class Payment to be paid; (ii) where not otherwise obvious, a brief explanation of the calculation and basis for the determination of those amounts; and (iii) if any claims or dollar amounts are rejected, a brief explanation of the reasons for the rejection.

If you disagree with Allstate’s Notice of Determination, you may appeal to a court-appointed neutral Referee by mailing a demand for a Neutral Evaluation on Appeal to the Settlement Administrator at:

Belanger v. Allstate Settlement Administrator
P.O. Box 2317
Portland, OR 97208-2317

The Neutral Evaluation on Appeal form is available here. Your demand must be postmarked within 30 days from the date on which the Notice of Determination was postmarked or email.

Unless you exclude yourself, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against Allstate and Released Parties about the legal issues in this Litigation that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

The Settlement Agreement, in Section VII and Paragraph 52, describes the Release, Released Claims and the Released Parties in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here or in the public court records on file in this Lawsuit. For questions regarding Releases and what they mean, you can also contact one of the lawyers listed in FAQ 14 for free, or you can talk to your own lawyer at your own expense.

Settlement Class Members entitled to Automatic Payments do not need to make a claim to have their claim readjusted.

To receive benefits under Options 1 or 2, you must complete and submit a valid Claim Form to the Settlement Administrator, postmarked or submitted online on or before February 5, 2024. Claim Forms may be submitted online here or downloaded here and mailed to the Settlement Administrator at the address on the form. The quickest way to submit a claim is online. Claim Forms are also available by calling 1-888-294-7563or by writing to:

Belanger v. Allstate Settlement Administrator
P.O. Box 2317
Portland, OR 97208-2317

If you are a member of the supplemental mail population, to receive benefits under Options 1 or 2, you must complete and submit a valid Claim Form to the Settlement Administrator, postmarked or submitted online on or before May 1, 2024. Claim Forms may be submitted online here or printed (available for download here) and mailed to the Settlement Administrator at the address on the form. The quickest way to submit a claim is online. Claim Forms are also available by calling 1-888-294-7563 or by writing to the following address:

Belanger v. Allstate Settlement Administrator
P.O. Box 2317
Portland, OR 97208-2317

These deadlines are only for those who received a supplemental notice with a mail date of February 1, 2024.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 1- 888-294-7563 or by writing to:

Belanger v. Allstate Settlement Administrator
P.O. Box 2317
Portland, OR 97208-2317

If you make a Valid Claim, payment will be provided by the Settlement Administrator or Allstate after the Settlement is approved by the Court and becomes final, including the end of any dates to appeal the final approval of the Settlement. The date of payment will vary depending on which benefit you may receive, whether you are required to submit additional documentation to Allstate, and whether you appeal a determination under Option 1. Automatic Payments and payments under Option 2 will be paid within 15 days after the Settlement becomes final. Payment dates under Option 1 vary, but many Valid Claims should be paid within 180 days of the date the Settlement becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

Yes, the Court has appointed Kedar Bhasker of Bhasker Law (2741 Indian School Rd. NE, Albuquerque, NM 87106), Corbin Hildebrandt of Corbin Hildebrandt P.C. (2741 Indian School Rd. NE, Albuquerque, NM 87106), and Geoffrey Romero of Law Offices of Geoffrey R. Romero (4801 All Saints Rd. NW Ste. A, Albuquerque, NM 87120) as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Litigation.

Class Counsel will file a motion asking the Court to award them attorneys’ fees not to exceed $2,225,000 to be paid by Allstate. They will also ask the Court to approve a $10,000 service award to the named Plaintiff for participating in this Litigation and for her effort in achieving the Settlement. Plaintiff also shall have her own UIM claims readjusted by Allstate as part of the Settlement. If awarded by the Court, Allstate will pay fees, costs, expenses, and incentive awards directly. The Court may award less than these amounts.

Class Counsel’s application for attorneys’ fees, expenses, and service awards will be made available on the Important Documents page before the deadline for you to comment or object to the Settlement.

The deadline to opt out of the settlement for the original population was December 6, 2023. Any written exclusion must have been postmarked by December 6, 2023. No late opt outs will be accepted in this matter for the original population.

Supplemental Population Opt-Out Instructions:

If you are part of the supplemental population, to opt out of the Settlement, you may click here to go to the opt-out page. You can also mail written notice of a request for exclusion. The written notice must state that you want to be excluded from the Settlement in Yvonne Belanger v. Allstate Fire and Cas. Ins. Co., et al. United States District Court for the District of New Mexico, Case No. 19-CV-00317-WJ-SCY. The written notice must be signed and clearly state that you wish to be excluded from the Settlement Class.

The written exclusion request must be postmarked and sent to Allstate’s counsel and Class Counsel at the following addresses by March 4, 2024.

If you choose to opt out via this website, your opt-out must be submitted by March 4, 2024.

These deadlines are only for those who received a supplemental notice with a mail date of February 1, 2024.

You cannot exclude yourself by telephone or by email.

No. If you exclude yourself, you are telling the Court you do not want to be part of the Settlement. You can only get Settlement benefits if you stay in the Settlement and, submit a valid Claim Form if requesting benefits under Options 1 or 2.

No. Unless you exclude yourself, you give up any right to sue Defendants and Released Parties for the claims this Settlement resolves relating to the Litigation. You must exclude yourself from this Litigation to start or continue with your own lawsuit or be part of any other lawsuit against the Defendants or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement or requested attorneys’ fees and expenses. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees and expenses. To object, you must file timely written notice as provided below no later than December 6, 2023, stating you object to the Settlement in Yvonne Belanger v. Allstate Fire and Cas. Ins. Co., et al. United States District Court for the District of New Mexico, Case No. 1:19-CV-00317-WJ-SCY.

To be valid, an objection must state: (a) the objector’s full name, address, telephone number, and e-mail 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 Fairness Hearing; (f) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (g) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness 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 (3) 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 (3) 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.

For those in the supplemental population, with a mail date of February 1, 2024, to object, you must file timely written notice as provided below no later than March 4, 2024 stating you object to the Settlement in Yvonne Belanger v. Allstate Fire and Cas. Ins. Co., et al. United States District Court for the District of New Mexico, Case No. 1:19-CV-00317-WJ-SCY.

To be timely, written notice of an objection in the appropriate form containing the case name and docket number (Yvonne Belanger v. Allstate Fire and Cas. Ins. Co., et al. United States District Court for the District of New Mexico, Case No. 1:19-CV-00317-WJ-SCY) must be filed with the Clerk of the Court (address below) and mailed to the following:

Any Settlement Class member who fails to comply with the requirements for objecting in Section IX of the Settlement Agreement shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation.

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (that is, do not exclude yourself). Requesting exclusion is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you exclude yourself, you cannot object to the Settlement.

The Court will hold a Final Fairness Hearing on March 26, 2024, at 9:30 a.m. before Judge Steven C. Yarbrough, by ZOOM video Conference. Any persons, other than the parties, wishing to appear and be heard by Zoom must contact the Court 14 days prior to the hearing to receive the Zoom information. Otherwise the hearing will be broadcasted live on the Court’s website. The Court asks that all participants log in to the zoom conference five minutes prior to the starting time in case there are any technical issues that need to be addressed prior to the hearing.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve: the Settlement, Class Counsel’s application for attorneys’ fees, costs and expenses, and the incentive award to Plaintiff. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

Note: The date and time of the Final Fairness Hearing are subject to change. Any change will be posted on this website.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to speak about it. As long as you file or mail your written objection on time the Court will consider it.

Yes, as long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself in this Litigation and Settlement. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you in this Litigation, you must follow all of the procedures for objecting to the Settlement listed in FAQ 19 – and specifically include a statement whether you and your counsel will appear at the Final Fairness Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits unless you are entitled to Automatic Payments. You will give up rights explained in FAQ 16, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants or any of the Released Parties about the legal issues in this Litigation that are released by the Settlement Agreement relating to the Litigation.

This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-888-294-7563 or by writing to:

Belanger v. Allstate Settlement Administrator
P.O. Box 2317
Portland, OR 97208-2317

The September 23, 2023, Preliminary Approval Order, titled Order Preliminarily Approving Settlement, Approving Notice To Settlement Class Members, And Setting Date For Final Fairness And Approval Hearing, is amended as follows:

1. A supplemental notice mailing should be issued to those Esurance policyholders who were inadvertently omitted from the initial notice mailing for this settlement.
2. The notices for the supplemental notice mailing will be the same as were sent originally to the potential class members, except to that the time periods for exclusion requests, objections and claims submission for those Esurance policyholders who were inadvertently omitted from the initial notice mailing will be extended as reflected below.
3. This supplemental notice mailing shall be completed within 30 days after the entry of this Order amending the Preliminary Approval Order and authorizing this supplemental notice mailing.
4. The Esurance policyholders who were inadvertently omitted from the initial notice mailing for this settlement will be given the same period of time as the rest of the potential class had, thirty (30) days after the supplemental notice mailing, to file requests for exclusion or objections.
5. Likewise, Esurance policyholders who were inadvertently omitted from the initial notice mailing for this settlement will be given the same period of time as the rest of the potential class had, ninety (90) days after the supplemental notice mailing, to submit a claim under the settlement.

A copy of the orders amending the Preliminary Approval Order and updating the Final Fairness Hearing date can be found here.

If you are a member of the supplemental mail population, to receive benefits under Options 1 or 2, you must complete and submit a valid Claim Form to the Settlement Administrator, postmarked or submitted online on or before May 1, 2024. Claim Forms may be submitted online here or printed (available for download here) and mailed to the Settlement Administrator at the address on the form. The quickest way to submit a claim is online. Claim Forms are also available by calling 1-888-294-7563 or by writing to following address:

Belanger v. Allstate Settlement Administrator
P.O. Box 2317
Portland, OR 97208-2317

For those in the supplemental population, with a mail date of February 1, 2024, to object, you must file timely written notice as described in FAQ 19 no later than March 2, 2024, stating you object to the Settlement in Yvonne Belanger v. Allstate Fire and Cas. Ins. Co., et al. United States District Court for the District of New Mexico, Case No. 1:19-CV-00317-WJ-SCY.

These deadlines are only for those who received a supplemental notice with a mail date of February 1, 2024.