Ferguson v. Safeco, Case No. DV 04-628B

Overview Of The Proposed Settlement

Margaret Ferguson, et al. v. Safeco Insurance Company of America, et al. Case No. DV 04-628B.

What is the Lawsuit About?

The lawsuit claims that Safeco Insurance Company of America and Safeco Insurance Company of Illinois (collectively “Safeco”) improperly recovered subrogation on automobile accident claims where it had already paid its insureds for covered losses under automobile insurance policies in Montana.

Safeco denies that it did anything wrong, and maintains that it has complied with its obligations under Montana law. The Parties, however, have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of continued litigation.

What Does This Settlement Provide?

The total settlement amount for the Class will be $4,766,169.72. If the Court approves the settlement, you will receive a payment in at least the approximate amount listed on the Notice that was mailed to you.

Your Legal Rights and Options in This Settlement:

  • EXCLUDED YOURSELF: You could have excluded yourself and get no payment. This was the only option that allows you to ever be a part of any other lawsuit against Safeco about the legal claims in this case.
  • OBJECTED: You could have wrote to the Court about why you did not like the settlement.
  • GO TO THE HEARING: You could have asked to speak in Court about the fairness of the settlement.
  • DO NOTHING: Get your share of the settlement amount which will be paid automatically in the form of a check.

These rights and options, and the deadlines to exercise them, are explained in the Notice.

Final Approval Hearing

The Court held a Final Approval Hearing to decide whether to finally approve the proposed settlement. You could have attended and you may have asked to speak, but you did not have to do either one.

The Final Approval Hearing was on May 5, 2015, at 1:00 p.m. (Mountain time) before Judge Katherine Curtis, Montana Eleventh Judicial Circuit, at the Flathead County Courthouse, 920 S. Main St., Kalispell, Montana.

At this Hearing, the Court considered whether the proposed settlement and all of its terms were adequate, fair, and reasonable. If there were objections, the Court considered them. The Court may have listened to people who asked for permission to speak at the Hearing and complied with the other requirements for objections explained in the Notice. The Court also decided how much to award Class Counsel for fees and expenses for representing the Class and how much to award the Class Representative for representing the Class.

The Court granted Final Approval of the proposed settlement. There may still be appeals. We do not know how long these decisions will take.