Ostendorf v. Grange Indemnity Insurance Company
Grange Class Action
2:19-CV-01147-ALM-KAJ

Welcome to the Grange Class Action Settlement Website

If you suffered a total loss on a vehicle insured by Defendants Grange Indemnity Insurance Company, Grange Insurance Company (f/k/a Grange Mutual Casualty Company), Grange Property and Casualty, or Trustgard Insurance Company from 2004-2020, you may be entitled to a cash payment.

Important Dates

November 1, 2020 - Requests to exclude yourself from the Settlement Class must have been postmarked by this date.

November 1, 2020 - Written Objections to the Settlement must have been postmarked by this date.

December 1, 2020 at 9:00 a.m. Eastern Time - The Court's scheduled Settlement Fairness Hearing.

December 31, 2020 - If you wish to receive a payment from the Cash Settlement Amount, you must submit a Claim Form by mail or online by this date.

 

A settlement has been reached in the case Ostendorf v. Grange Indemnity Insurance Company, et al., Case No. 2:19-cv-01147-ALM-KAJ, entitling Settlement Class members to payment of Sales Tax and Title, Transfer, and Service Fees related to vehicles determined to be total losses. This Notice explains: 1) the terms of the Settlement; 2) who is a member of the Settlement Class; 3) how to submit a Claim Form for payment; 4) how to request exclusion from the Settlement; 5) how to object to the Settlement; and 6) how to get more information about the Settlement.

What is the Settlement About?

Plaintiff alleged that the Grange Defendants (defined below) their contracts (insurance policies) by failing to pay Plaintiff and other Ohio insureds who submitted physical damage claims for their vehicles during the class period, and which resulted in a total loss claim payment, the “actual cash value” of their total loss vehicles. Specifically, Plaintiff alleged that Grange’s settlement practice of paying Sales Tax and Title, Transfer, and Service Fees to members of the Class on a reimbursement basis after the insured replaced their totaled vehicle was improper. The Grange Defendants maintain that they complied with the terms of the insurance policies and applicable law and deny that they acted wrongfully or unlawfully and continue to deny all material allegations.

 

Who is Included?

You may be a member of the Settlement Class against the Grange Defendants if you were an Ohio policyholder and insured by Grange and submitted a physical damage claim with respect to a vehicle that resulted in a Total Loss Claim Payment during the period May 27, 2004 through July 22, 2020, if you were insured by Grange Indemnity Insurance Company or June 9, 2005 through July 22, 2020, if you were insured by Grange Insurance Company (formerly Grange Mutual Casualty Company), Grange Property and Casualty, or Trustgard Insurance Company. If your Total Loss Claim Payment included Sales Tax and Title, Transfer, and Service Fees, you may not be part of the Settlement Class. If you received a Notice, the Grange Defendants' records indicate you may be a member of the Settlement Class.

 

What Does This Settlement Provide?

Grange Indemnity Insurance Company, Grange Mutual Insurance Company (formerly Grange Mutual Casualty Company, Grange Property and Casualty, and Trustgard Insurance Company (together “Grange” or "Grange Defendants"), have agreed, upon Court approval, to:

  1. Pay Settlement Class Members who timely submit a Claim Form Sales Tax on the Actual Cash Value of their total loss vehicle at the Ohio average sales tax rate of 7.1%.
  2. Pay Settlement Class Members who timely submit a Claim Form Title, Transfer, and Service Fees, dependent upon the date of the Settlement Class Member's total loss.
  3. Separately pay attorneys' fees not to exceed $2,533,561.00, and a Service Award not to exceed $5,000.00 to the Class Representative, which will not come from nor reduce any payment made to Settlement Class Members, with both amounts to be approved by the Court.

In exchange, Plaintiff and the Settlement Class members who do not exclude themselves from the Settlement agree to give up any claim they have for payment of Sales Tax and Title, Transfer, and Service Fees. If you are a member of the Settlement Class, you can submit a Claim Form to be eligible to be paid. Alternatively, you may, if you wish, request to be excluded from the Settlement, which means you are not eligible for payment, and you maintain your right to sue Grange individually and separately for payment of Sales Tax and Title, Transfer, and Service Fees. You may also object to the terms of the Settlement, if you comply with certain requirements.

Your Rights and Options

Option and Deadline Event
File a Claim If you are a Class Member, you may submit a Claim Form for payment of Sales Tax and Title, Transfer, and Service Fees. If you submit a Claim Form in the mail, it must be postmarked no later than December 31, 2020. If you submit an electronic Claim, you must do so by 11:59 p.m. on December 31, 2020.
Do Nothing By taking no action, your interests will be represented by the Class Representative and Settlement Class Counsel. As a Class Member, you will be bound by the outcome of the Settlement, if finally approved by the Court.
Exclude Yourself
(Passed)
If you do not wish to be a member of the Settlement Class, then you may opt out of the Class as set forth in the Notice of Class Action Settlement. Your opt-out must contain specific information as set forth in the Notice and be received by the Settlement Administrator on or before November 1, 2020.
Object
(Passed)
You have the right to remain a member of the Settlement Class but still object to the proposed Settlement and any of its terms, including the requests for Class Counsels’ Fees and Expenses and Administration Expenses. To object to the Settlement, you must submit a written objection containing the information specified in the Notice of Class Action Settlement on or before November 1, 2020. 
Settlement Fairness Hearing The “Settlement Fairness Hearing” will be held on December 1, 2020 at 9:00 a.m. Eastern Time, at the United States District Court for the Southern District of Ohio, Eastern Division, 85 Marconi Boulevard, Columbus, Ohio 43215, Courtroom 323, to consider, among other things, final approval of the Settlement Agreement and the Fees and Expenses Motion to be filed by Class Representatives and Settlement Class Counsel.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Grange Class Action
c/o JND Legal Administration
PO Box 91307
Seattle, WA 98111