Knight v. Progressive Northwestern Ins. Co.

Welcome to the Knight v. Progressive Northwestern Ins. Co. Website.

If you made a claim on a vehicle that was adjusted to be a total loss by Progressive during the time period of August 4, 2017 to December 9, 2024, Progressive may have applied deductions referred to as Projected Sold Adjustments to your total loss claim, and your rights may be affected by a class action lawsuit pending in the Eastern District of Arkansas.

A Settlement has not been reached in a class action lawsuit against Progressive Northwestern Insurance Company (“Progressive”). The Plaintiff alleges that Progressive systematically paid its insureds less than the actual cash value of their vehicles for total loss claims, in breach of Progressive’s policies and in breach of the covenant of good faith and good dealing. The Plaintiff asserts that Progressive did this by basing the compensation for insureds’ total loss claims on valuation reports that applied Projected Sold Adjustments, which Plaintiff alleges are improper. Defendant denies any wrongdoing.

You are a Class member if you are a person in the United States who

• Was an Arkansas policyholder who
• Made a claim on a vehicle that was determined by Progressive to be a total loss
• During the time period of August 4, 2017 and December 9, 2024
• Progressive based its claim payment on an Instant Report from Mitchell International, Inc and
• A Projected Sold Adjustment was applied to at least one comparable vehicle in that Instant Report

The court has not decided whether Progressive Northwestern Insurance Company did anything wrong. There is no money available now and no guarantee that there will be.

Your legal rights are affected whether you act or don’t act. Read this website and the Notice carefully.

Your Legal Rights and Options in This Lawsuit

Remain a Potential Member of the Certified Class

Do nothing. Stay in the lawsuit. Await the outcome. If you wish to remain a potential member of the certified Class, you are not required to do anything at this time. By doing nothing, you are choosing to stay in the Class. You may be permitted to share in any recovery that may result from this class action, but you will give up your rights to sue Defendant in a separate lawsuit for any claims made in this action.

Ask to be Excluded from the Certified Classes

Get out of this lawsuit. Keep your rights to sue Defendants in a separate lawsuit. If you do not wish to participate in the class action, you must send a letter requesting to be excluded postmarked no later than May 12, 2025. If you exclude yourself from this lawsuit, you will not be entitled to any recovery that may result from this class action, but you will be free to pursue any claim you may have against Defendants on your own or as part of a different lawsuit (but you should consult with a lawyer to determine whether those claims are timely).

These rights and options—and the deadlines to exercise them—are explained further in the Notice and on the Frequently Asked Questions (FAQs) page of this website.

If you do nothing and if money or benefits are obtained from Progressive, you will receive a notice describing how to receive a share of any recovery in which you may be eligible to participate. However, there is no guarantee that any money or benefits will be obtained.

To be excluded, you must act before May 12, 2025.