Knight v. Progressive Northwestern Ins. Co.

1. What is Class Action?

   A class action is a lawsuit in which one or more individuals sue on behalf of other persons or entities who have similar legal claims. These persons or entities are referred to as a class or class members. In a class action, one Court resolves the issues, legal claims, and/or defenses for all class members in a single lawsuit, except for those persons or entities who ask in writing to be excluded from the class.

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2. What is this Class Action about?

   This Class Action alleges that Progressive Northwestern Insurance Company, Progressive Direct Insurance Company, Progressive Casualty Insurance Company, Progressive Specialty Insurance Company, and Progressive Classic Insurance Company (collectively, “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 fair dealing. Plaintiffs assert that Progressive did this by basing the compensation for insureds’ total loss claims on valuation reports that applied Projected Sold Adjustments, which Plaintiffs allege are improper.

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3. What are the Settlement Terms?

   Progressive will pay Settlement Class Members 100% of the PSA Impact Amount to Settlement Class Members who timely submit a valid Claim Form.

   For the Progressive Northwestern Group (defined below), the PSA Impact Amount is 4.02% of the Actual Cash Value, as determined in Progressive’s records, of each Settlement Class Members total loss vehicle. The Total PSA Impact Amount that is available to be claimed by the Progressive Northwestern Group is estimated to be $8,534,836. The estimated average recovery is $519.

   For the Progressive Direct Group (defined below) and the Other Underwriter Group (defined below), the PSA Impact Amount is 3.17% of the Actual Cash Value, as determined in Progressive’s records, of each Settlement Class Members’ total loss vehicle. The Total PSA Impact Amount that is available to be claimed by the Progressive Direct Group and the Other Underwriter Group is collectively estimated to be $4,676,937. The estimated average recovery is $484.

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4. How Do I Know if I’m a Member of the Settlement Class?

   If you have already been identified as a Settlement Class member from Progressive’s claims data, you have received an email notice and/or a postcard notice.

   You are a member of the Settlement Classes if you fall into one of these three categories:

   (1) an Arkansas citizen insured by Progressive Northwestern Insurance Company who, from August 4, 2017 through May 19, 2025 is entered, received compensation for the total loss of a covered vehicle, where that compensation was based on a vehicle valuation report prepared by Mitchell and the Actual Case Value (“ACV”) was decreased based upon Projected Sold Adjustments to the comparable vehicles used to determine ACV (“Progressive Northwestern Group”);

   (2) an Arkansas citizen insured by Progressive Direct Insurance Company who, from October 4, 2019 through May 19, 2025, received compensation for the total loss of a covered vehicle, where that compensation was based on a vehicle valuation report prepared by Mitchell and the ACV was decreased based upon Projected Sold Adjustments to the comparable vehicles used to determine ACV (“Progressive Direct Group”); or

   (3) an Arkansas citizen insured by Progressive Casualty Insurance Company, Progressive Specialty Insurance Company, or Progressive Classic Insurance Company who, from May 19, 2020 through May 19, 2025, received compensation for the total loss of a covered vehicle, where that compensation was based on a vehicle valuation report prepared by Mitchell and the ACV was decreased based upon Projected Sold Adjustments to the comparable vehicles used to determine ACV (“Other Underwriters Group”).

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5. If I Am a Settlement Class Member, What Are My Options?

   If you are a Settlement Class Member, you have four options.

   Option 1: Submit a Claim Form for Payment.

   You may submit a timely and valid Claim Form by mail or online for payment of the PSA Impact Amount no later than October 25, 2025. Please see FAQ #6 for more information on how to submit a claim form.

   Option 2: Exclude yourself from the Settlement.

   The deadline to exclude yourself from the settlement has passed and Requests are no longer accepted. The deadline was August 7, 2025.

   Option 3: Object to the Terms of the Settlement.

   The deadline to file an Objection has passed and Notices of Intent are no longer accepted. The deadline was August 7, 2025.

   Option 4: Do Nothing Now. Stay in the Lawsuit.

   You have the right to do nothing. If you do nothing, you will be bound by the terms of the Settlement and will release any legal claims against Progressive relating to the facts and circumstances alleged in the Class Action, including any legal claims arising out of Progressive’s settlement of a total loss claim, even if you do not submit a Claim Form. You will not receive a Settlement Class Member Payment if you do not submit a Claim Form.

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6. How do I submit a claim for the PSA payment?

   You can submit a claim by signing the pre-filled, detachable Claim Form you receive in the mail. By signing the Claim Form, you attest that you are the named policyholder of the total loss insurance claim where a PSA was applied inappropriately.

   To mail the Claim Form, use the Business Reply Envelope included in the contents of the postcard Notice. It must be postmarked no later than October 25, 2025, and mailed to the following address:

   Knight v. Progressive
   Northwestern Ins. Co.
   c/o Epiq
   PO Box 2168
   Portland, OR 97208

   You can also submit a Claim Form here using your Unique ID and PIN, which can be found on the postcard and/or email notice(s) you received. Online Claim Forms must be submitted by 11:59pm EST on October 25, 2025.

   If you did not receive a notice but believe you are eligible for a payment, or if you need the Claim Form reissued, you can download a blank form here or contact the Settlement Administrator at info@ARKtotallossclaim.com. You may also call toll-free at +1 (888) 890-3703 if you have additional questions not answered on this site.

   Please note, if your mailing address changes or no longer matches the address on file as listed on the Claim Form, you must contact the Settlement Administrator to provide a current address to ensure you receive payment at info@ARKtotallossclaim.com.

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7. How do I exclude myself from this lawsuit?

   The deadline to exclude yourself from the settlement has passed and Requests are no longer accepted. The deadline was August 7, 2025.

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8. How do I object to this class action?

   The deadline to file an Objection has passed and Notices of Intent are no longer accepted. The deadline was August 7, 2025.

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9. What legal claim(s) against Progressive are Class Members releasing?

   As a part of the Settlement, Settlement Class Members agree not to sue Progressive for any legal claims arising out of or relating in any way to the facts and circumstances alleged in the Class Action, including any legal claims arising out of Progressive’s settlement of a total loss claim. You are not releasing any other legal claims against Progressive. Released Claims do not include any legal claims for personal injury, medical payment, uninsured motorist or underinsured motorist coverage. Full terms of the Released Claims and Released Parties can be found in the proposed Settlement Agreement on the Documents page of this website.

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10. If I exclude myself, can I still get payment from the Settlement?

    No, by excluding yourself or opting out, you are giving up your right to receive any benefits as part of this Settlement, and you will not be bound by any judgments or orders of the Court, whether favorable or unfavorable.

    Please note, the deadline to exclude yourself from the settlement has passed and Requests are no longer accepted. The deadline was August 7, 2025.

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11. Who is representing the Settlement Class?

    The Court has preliminarily appointed Plaintiff, ERIK KNIGHT, to be the Class Representative of the Progressive Northwestern Class and Other Underwriters Class, and Plaintiff, JUNG KIM, to be the Class Representative of the Progressive Direct Class and Other Underwriters Class. The Court has also preliminarily appointed the following lawyers as Class Counsel for the Settlement Classes: Carney Bates & Pulliam PLLC; Shamis & Gentile, P.A.; Normand PLLC; Edelsberg Law, P.A.; Jacobson Phillips PLLC; and Bailey & Glasser, LLP.

    These lawyers are experienced in handling class action lawsuits, including actions on behalf of insured policyholders. More information about Class Counsel is available on their websites.

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12. How do attorneys get paid?

    Class Counsel will be seeking attorneys’ fees of up to $3,963,531.90, and costs up to $112,000, with all amounts to be approved by the Court at the Final Approval Hearing.

    Class Counsel will also seek a Service Award for Plaintiff Knight as the Class Representative in the amount of $10,000, and a Service Award for Plaintiff Kim as the Class Representative in the amount of $5,000, subject to Court approval. The Service Award is designed to reward the Class Representatives for securing the recovery awarded to members of the Settlement Classes, and to acknowledge the time spent by the Plaintiffs participating in the lawsuit and prosecuting the legal claims for the benefit of the Settlement Classes.

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13. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Fairness Hearing on September 25, 2025, at 10 A.M. EST in Courtroom C446 of Eastern District Court of Arkansas at 500 West Capitol Avenue. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will also decide whether to approve Class Counsel’s application for attorneys’ fees and expenses and the Class Representatives’ application for service awards. We do not know how long these decisions will take. The Court may change the date or time of the Fairness Hearing without further notice, so please check this website for any changes.

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14. Do I need to attend the Fairness/Final Approval Hearing?

    No. Settlement Class Members are not required to attend the Fairness Hearing, but you may attend the hearing if you wish. Class Counsel will answer any questions the Court may have at the Fairness Hearing. However, you may come at your own expense if you would like to attend the hearing. You may also pay your own lawyer to attend, but it is not necessary.

    If you send a written objection, you do not have to come to the Court to talk about it. If you mailed your written objection on time and followed the instructions above, the Court will consider it. However, if you want to speak about your objection, you may speak at the hearing but only if you have clearly written “Intention to Appear” on your written objection letter.

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15. How do I find out more about this lawsuit?

    If you have any questions about the lawsuit or any matter raised in the FAQs, on this website, please call toll-free at 888-890-3703 or email the Settlement Administrator at info@ARKTotalLossClaim.com.

    You can also visit the Important Documents page to view official case documentation. There, you will find documents such as:

    • A blank Claim Form
    • The full terms of the Settlement
    • Information and requirements for submitting a Claim Form, requesting exclusion, or filing an objection to the terms of the Settlement
    • A copy of the Complaint filed by Plaintiff and
    • Other general information about the class action
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PLEASE DO NOT TELEPHONE OR CONTACT THE COURT, THE CLERK OF THE COURT, OR PROGRESSIVE OR PROGRESSIVE’S COUNSEL REGARDING THIS LAWSUIT.