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.

   You have the right to not be part of the Settlement by excluding yourself or “opting out” of the Settlement Classes. If you wish to exclude yourself, you must do so on or before August 7, 2025, as described below in FAQ #7.

   Option 3: Object to the Terms of the Settlement.

   If you think the terms of the Settlement are not fair, reasonable, or adequate to the Settlement Class Members, you may file a Notice of Intent to Object to the terms of the Settlement on or before August 7, 2025. If you object to the terms of the Settlement, you cannot request exclusion from the Settlement. Please see FAQ #8 for more information on filing a Notice of Intent to Object.

   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?

   If you exclude yourself from the Settlement Classes, you give 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. However, you will keep your right to sue Progressive separately in another lawsuit if you choose to pursue one. You do not need to hire your own lawyer to request exclusion from the Settlement Classes.

   To exclude yourself from this lawsuit and/or preserve your right to bring a separate lawsuit, you must make a request to be excluded in writing and, with sufficient postage, mail to:

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

   A request for exclusion must be postmarked on or before August 7, 2025, and must include the following:

   • The name of the lawsuit (Knight v. Progressive Northwestern Ins. Co.)
   • Your full name;
   • Your current address;
   • Your phone number;
   • A clear statement that you wish to be excluded from the Settlement Class, such as: “I request exclusion from the Settlement Class”; and
   • Your signature.

   The Settlement Administrator will file your request for exclusion with the Court. If you are signing on behalf of a Settlement Class Member as a legal representative (such as of an estate, a trust, or an incompetent person), please include your full name and contact information, and the basis for your authority. A request for exclusion must be exercised individually and not on behalf of a group.

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8. How do I object to this class action?

   The full terms of the Settlement can be found at ww.ARKTotalLossClaim.com. If you think the terms of the Settlement are not fair, reasonable, or adequate to the Settlement Class Members, you may file a Notice of Intent to Object to the terms of the Settlement. If you object to the terms of the Settlement, you cannot request exclusion from the Settlement. If you object to the terms of the Settlement you will still be bound by the terms of the Settlement and all rulings and orders from the Court.

   To properly object to the terms of the Settlement, you must send, with sufficient postage, a Notice of Intent to Object to the terms of the Settlement (described below) to the following:

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

   The Notice of Intent to Object to the terms of the Settlement must include ALL the following information:

   • The name and number of the case;
   • Your name, address, telephone number, and signature;
   • The specific reasons why you object to the terms of the Proposed Settlement;
   • The name, address, bar number, and telephone number of any lawyer who represents you in your intention to object to the terms of the Settlement;
   • Whether you and/or your lawyer intend to appear at the Fairness Hearing and whether you and/or your lawyer will request permission to address the Court at the Fairness Hearing.

   If you and/or your lawyer intend to request permission to address the Court at the Fairness Hearing, your Notice of Intent must also include all of the following information:

   • A statement of the legal and factual basis for each objection;
   • A list of any and all witnesses the Settlement Class Member may seek to call at the Fairness Hearing;
   • A list of any legal authority the Settlement Class Member will present at the Fairness Hearing; and
   • Either your class member number or full name and address when the total loss occurred.

   Notices of Intent to Object must be postmarked by August 7, 2025. Any Notice of Intent to Object to the Settlement that is not postmarked by the deadline set forth above or which does not comport with the requirements listed above may waive the right to be heard at the Fairness Hearing. If you file a Notice of Intent, you waive the right to request exclusion from the Settlement Class and will be bound by any decisions and orders from the Court and by the terms of the Settlement if it is approved by the Court.

   If you do not want to be bound by the decisions and rulings by the Court, you must file a request for exclusion and not a Notice of Intent to Object to the Settlement.

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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.

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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.