Rose Settlement Website

The lawsuit relates to how Nationwide addresses claims that vehicles lose value after they have been involved in accidents even if the vehicle is properly repaired (also known as “diminished value.”) Plaintiffs have alleged that Nationwide has not properly addressed diminished value for claims made under the Uninsured (“UM”) or Underinsured (“UIM”) property damage coverage sections of its automobile policies. Nationwide denies it did anything wrong.

In a class action, one or more people called Class Representatives (in this case, Carly Rose, Audrey Baker, and Jackie Baker) sue on behalf of people who have similar claims. All of these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. Pierce County Superior Court Judge Bryan E. Chushcoff is presiding over this class action. Judge Chushcoff has ordered that this case proceed as a class action for the purposes of this settlement.

The Court did not decide in favor of either Plaintiffs or Defendants. There was no trial. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representatives and their attorneys think the settlement is best for the Class Members.

Judge Chushcoff decided that everyone who fits this description is within the Settlement Class:
Each Person who, during the period from April 5, 1996 to December 30, 2008, meets the following criteria:
(a) was insured under a personal lines automobile insurance policy providing uninsured motorist property damage coverage or underinsured motorist property damage coverage (hereinafter collectively referred to as “UMPD” coverage) issued by Nationwide;
(b) was involved in an accident with an underinsured, uninsured, or hit and run motorist and reported this type of claim between April 5, 1996 and December 30, 2008;
(c) for whom the sum of claim payments made by Nationwide under any property damage coverage for vehicle repairs exceeded $1000;
(d) whose vehicle was less than 6 years old at the time of loss;
(e) whose vehicle had less than 90,000 miles at the time of loss; and
(f) whose vehicle suffered structural (frame) damage and/or required body work.

However, claims that fit within any one of the following categories are NOT included in the Settlement:
(a) claims resulting in total losses;
(b) claims for damage to leased, non-owned or temporary substitute vehicles;
(c) claims limited to (i) glass repair or replacement; (ii) tire replacement, or (iii) sound systems repair or replacement, or (iv) any combination of (i) (ii) and (iii) only;
(d) claims identified as closed without payment by Nationwide;
(e) claims in which the policyholder was paid for diminished value in addition to the cost of repair;
(f) claims involving vehicles that, prior to the accident at issue, had been involved in any other accident; and
(g) the Nationwide Entities, all present or former officers and/or directors of the Nationwide Entities, Class Counsel, the Judge of this Court, the Judge’s family, Nationwide’s counsel of record, and all Persons who make a timely and valid election to be excluded from the Settlement Class in accordance with the provisions of the Individual Notice and/or Summary Notice.

Nationwide has agreed to pay settlement claims for each Class Member who does not opt-out of the Settlement. Nationwide has agreed to make available up to a maximum of $35,750,000.00 to pay valid settlement claims and attorneys’ fees and expenses. Each Class Member’s payment pursuant to this Settlement will depend on his or her portion of the total Settlement Class’s vehicle repair costs. Here’s how it works:
(a) Nationwide will calculate the estimated repair cost on each Class Member’s qualifying claim by calculating the sum of the payments made by Nationwide under any property damage coverage for repairs to the automobile (the “Individual Class Member Repair Cost.”) Nationwide will perform this calculation for each Class Member who does not opt-out or otherwise exclude themselves from the Settlement.
(b) The total sum of the Individual Class Member Repair Costs will be the “Total Repair Costs for All Class Members.”
(c) Each Class Member who submits a Valid Claim Form shall receive payment from Nationwide, to be calculated as follows:
($35,750,000.00 – attorneys’ fees and costs awarded to Class Counsel) x (Individual Class Member Repair Cost / Total Repair Costs for All Settlement Class Members).

To qualify for payment, you must fit the description of a Settlement Class Member and send in a valid claim form. Read the instructions carefully, fill out the form, sign it, and mail it postmarked no later than May 4, 2009.

The Court will hold a hearing on April 3, 2009 at 9:00 AM, to decide whether to approve the settlement. If Judge Chushcoff approves the settlement, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. If that happens, please be patient.

Unless you exclude yourself, you are staying in the class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Nationwide about the factual and legal issues in this case. It also means that all of the Court’s orders in this case will apply to you and legally bind you.

To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Rose v. Nationwide. Be sure to include your name, address, telephone number, automobile insurance policy number(s), claim number(s) and your signature. You must mail your exclusion request postmarked no later than March 20, 2009 to:

Rose v. Nationwide Exclusions
PO Box 4277
Portland, OR 97208-4277

Failure to comply with any of these requirements may result in your written notice being declared invalid.
If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Nationwide in the future.

No. Unless you exclude yourself, you give up the right to sue Nationwide for the claims that this settlement resolves. If you have a pending lawsuit against Nationwide, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit if it involves the same issues. Remember, the exclusion deadline is March 20, 2009.

No. If you exclude yourself, do not send in a claim form to ask for any money. But, you may sue, continue to sue, or be part of a different lawsuit against Nationwide on the same issues.

The Court asked the following attorneys and law firms to represent you and other Class Members:

Debra Brewer Hayes
Reich & Binstock, LLP
4265 San Felipe, Suite 1000
Houston TX 77027

Van Bunch
Bonnett, Fairbourn, Friedman & Balint, P.C.
57 Carriage Hill
Signal Mountain, Tennessee 37377

Elaine A. Ryan
Patricia N. Syverson
Bonnett, Fairbourn, Friedman & Balint, P.C.
2901 N. Central Avenue, Suite 1000
Phoenix, AZ 85012

Stephen M. Hansen
Loweberg, Lopez & Hansen, P.S.
Suite 450, Commerce Building
950 Pacific Avenue
Tacoma WA 98402-4441

David Futscher
Parry, Deering, Futscher & Sparks PSC
411 Garrard St.
Covington, Kentucky 41012

These lawyers are called “Class Counsel.” You will not be charged for these lawyers’ fees. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class counsel will ask the Court for attorneys’ fees and expenses up to $8,700,000.00. Nationwide has agreed not to oppose a request for fees and expenses up to this amount. The Court may award less than these amounts. The amount of attorneys’ fees and expenses awarded by the Court will have the effect of reducing the amounts paid to Class Members under the Settlement.

If you are a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to Rose v. Nationwide. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Mail the objection to these three different places postmarked no later than March 16, 2009.

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

By Order of the Court, the Fairness Hearing scheduled for Friday April 3, 2009 at 9:00 a.m. has been set over to Monday April 6, 2009 at 10:00 a.m. in Courtroom 2B of the Superior Court of the State of Washington in and for the County of Pierce. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate to the Class and Class Counsel’s request for an award of attorneys’ fees and expenses. The Court will consider any objections made according to the procedures described above. Judge Chushcoff will also listen to anyone at the hearing who followed the procedure described below.
After the hearing, the Court will decide whether to approve the settlement and how much to award Class Counsel in attorneys’ fees and expenses. We do not know how long these decisions will take.

No. Class Counsel will answer questions Judge Chushcoff may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Rose v. Nationwide.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than March 16, 2009, and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses set forth above. You cannot speak at the hearing if you excluded yourself.

If you do nothing, you will get no money from this settlement.
But, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Nationwide about the legal issues in this case ever again.

This web site summarizes the proposed settlement. More details are in the Stipulation of Settlement. Other court documents are available here.
If you still have questions, please call 1-888-286-8207.

PLEASE DO NOT CALL THE COURT, THE CLERK, OR NATIONWIDE.