Superior Court of the State of Washington in and for the County of Pierce
Case No. 17-2-10884-2
You may have received a letter (called a “Notice”), and an enclosed Blue Claim Form, (or multiple Claim Forms if you had multiple qualifying accidents), because the records of Mutual of Enumclaw (“MOE”) show that you were a Washington insured of MOE who received payment under your MOE policy to total your insured vehicle on accidents occurring between September 1, 2011, and March 15, 2019, and meet certain other requirements (set forth in FAQ 5).
The class action suit has been pending in Superior Court, since September 1, 2017. It has now been resolved for up to $2,549,290.17. If the Settlement is approved, you may be eligible for benefits that will be provided as part of the proposed Settlement. This website explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. If you wish to receive money from or comment upon (including object to the Settlement), you must do so following the procedures described below. If you do nothing, you will be bound by any final judgment.
The Court in charge of the case is the Pierce County Superior Court for the State of Washington, and the case is known as Steinore v. Mutual of Enumclaw Insurance Co., Case No. 17-2-10884-2. The person who brought this class action lawsuit, called the “Plaintiff,” has sued Mutual of Enumclaw Insurance Company on behalf of certain of its policyholders with “total loss” claims.
To view a copy of the Notice, click here.Back To Top
In the lawsuit, Plaintiff claims that in settling total losses using valuation reports prepared using Audatex’s Autosource system, MOE improperly took deductions for “typical negotiation” which were not factually supported, nor reasonable, nor allowed by Washington Administrative Code § 284-30-391. Plaintiff alleges that the use of the “typical negotiation” discount resulted in the underpayment of total loss claims to MOE insureds who received total loss payments based upon the Autosource valuations, which was a breach of MOE’s insurance contract and unfair business practice. MOE denies that it did anything wrong by using historical sales data to account for the difference between a vehicle’s advertised price and actual negotiated sale price, and denies that its use of a “typical negotiation” discount violated Washington Law.Back To Top
In a class action, a person called the Class Representative sues on behalf of people who have similar claims. All of these people are part of a “Class.” One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Class. Pierce County Superior Court Judge Susan K. Serko is presiding over this class action.Back To Top
Class Certification of this matter was set for March 1, 2019. Prior to further proceedings, both sides agreed to a settlement, which, if approved, brings the litigation to an end. That way, Plaintiff and MOE avoid the cost, delay, and uncertainty of moving forward in litigation to trial and possible appeals, and the Settlement Class Members will get payments. The Class Representative and his attorneys think the Settlement is best for the Settlement Class Members.
You may be eligible to receive money from this Settlement, if you submit a Valid Claim Form.Back To Top
You are a member of the Settlement Class if you are an MOE insured under a Washington policy issued in Washington State who was paid for the total loss of your own vehicle(s) under one of your MOE First Party Coverages (Comprehensive, Collision, and UIM) and received a total loss valuation from MOE based upon an “Autosource” estimate.
You are not a part of the Settlement Class if (a) the MOE Autosource estimate did not take a “typical negotiation” discount, (b) your date of loss was outside the Class Period, or (c) you are an MOE employee.Back To Top
Each Settlement Class Member’s payment will depend on the Autosource total loss value paid by MOE. Here is how it works. Each Settlement Class Member is entitled to submit a claim. For Settlement Class Members who qualify for a payment, because their total loss was settled based upon an Autosource valuation which took a “typical negotiation” discount (and not upon a negotiated value reached based upon evidence you submitted to MOE) that payment will be calculated by multiplying the as paid MOE Autosource valuation by approximately 3.5%. Not everyone who receives this Notice will be eligible for payment. You can only receive a payment if you submit a Valid Claim Form according to the requirements set forth in FAQ 7.Back To Top
To qualify for payment, you must be an eligible Settlement Class Member (see FAQ 5) and submit a Valid Claim Form. You can submit a Claim Form on this website here. Read the instructions carefully and fill it out online by September 9, 2019. To request a paper copy of the Claim Form, please contact the Settlement Administrator.Back To Top
The Court will hold a hearing on August 9, 2019, to decide whether to approve the Settlement. If the Court approves the Settlement, and there are no appeals, we estimate that initial checks will be mailed by February 27, 2020. You will get your payment after all appeals have been concluded and the Settlement is approved with no further appeals possible.
We will provide regular updates of the status of the Settlement to all people who submit Claim Forms on this website. Please be patient.Back To Top
Unless you opt out of the Settlement Class, you are in the Settlement Class, which means that you cannot sue, continue to sue, or be part of any other lawsuit against MOE 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.Back To Top
The following attorneys represent you, Plaintiff, and the other Settlement Class Members:
Stephen M. Hansen
Law Offices of Stephen M. Hansen, P.S.
1821 Dock Street, Suite 103
Tacoma, WA 98402
Scott P. Nealey
Law Office of Scott P. Nealey
71 Stevenson Street, Suite 400
San Francisco, CA 94105
These lawyers are working together on your behalf and can be reached via the above e-mails and telephone numbers.
These lawyers are called “Plaintiffs’ Counsel” or “Class Counsel.” You will not be charged for these lawyers’ work in securing the Settlement benefits for you and the other Settlement Class Members. You owe nothing if you participate in the Settlement; their fees are to be determined separately by the Court. If you want to be represented by your own lawyer, you may hire one at your own expense.Back To Top
Class Counsel will ask the Court for attorneys’ fees and expenses of up to $688,308 and out-of-pocket costs of up to $11,426, according to the terms of the Stipulation of Settlement. Class Counsel has worked continuously on this case but have not received any money for that work. The attorneys’ fees and costs, as awarded by the Court, shall be paid from the Settlement Fund available to the Settlement Class Members in this Settlement. In addition, Class Counsel will apply to the Court for a service award of up to $10,000 for Mr. Steinore. This service award is being requested in recognition of the time, effort, and risk incurred by the Class Representative in securing this Settlement for you and the other Settlement Class Members.Back To Top
If you are a Settlement Class Member, you can–but need not–comment on the Settlement. You can give reasons why you think the Court should or should not approve it. The Court will consider your views. To comment or object you must send a letter with your comment to the two lawyers listed below, postmarked by July 25, 2019. Be sure to include your name, address, telephone number, your signature, and the reasons for your comment on (or objection to) the Settlement. Mail the comment to both lawyers listed below:
Stephen M. Hansen
Law Offices of Stephen M. Hansen, P.S.
1821 Dock Street, Suite 103
Tacoma, WA 98402
Counsel for MOE
Davis Wright Tremaine LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104
Any objections that are not timely served on both counsels will not be considered by the Court.Back To Top
The Court will hold a Final Settlement Hearing at 1:30 p.m. on August 9, 2019, at the Pierce County Superior Court Courthouse (Department 14), 930 Tacoma Ave., Tacoma, WA 98402. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Serko will listen to anyone at the Final Settlement Hearing who asked to speak, and if objections were timely served, will consider them. The Court will also decide how much to pay Class Counsel. The Final Settlement Hearing may be postponed without further notice to the Settlement Class so please check this website for updates.Back To Top
No. Class Counsel will answer questions Judge Serko may have. However, you are welcome to come at your own expense. If you send a comment (including an objection), you do not have to come to Court to talk about it. As long as you mailed it on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.Back To Top
You may ask the Court for permission to speak at the Final Settlement Hearing. To do so, you must send a letter to both lawyers listed in FAQ 12, saying that it is your “Notice of Intention to Appear at the Final Settlement Hearing in Steinore v. Mutual of Enumclaw Ins. Co.” You must include your name, address, telephone number, and signature. Your Notice of Intention to Appear must be postmarked by July 25, 2019.Back To Top
If you do nothing, you will get no money from this Settlement. If you are a Settlement Class Member, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against MOE about the legal issues in this case ever again.Back To Top
This website summarizes the proposed Settlement. More details are in the Stipulation of Settlement. You can view and print a copy of the Stipulation of Settlement and other information about the lawsuit in the Important Documents section of this website.
Please do not call the Court, the Court clerk’s office, or MOE to inquire about this Settlement. They will be unable to help you.Back To Top