EI President Jonathan Walker submitted a declaration on defendant’s behalf opposing class certification.

A U.S. District Court for the Western District of Oklahoma denied certification to a putative class of automobile insurance policyholders whose vehicles were totaled. Plaintiff challenged the valuation tool that her insurance company used to estimate the pre-loss value of insured vehicles for settlement purposes. The Court rejected Plaintiff’s argument that Oklahoma law required that settlement be based on NADA value, finding instead that the law required that insurance settlements reflect actual cash value. Consequently, proof of injury would require individualized assessment of actual cash value in light of the loss vehicle’s make, model, model year, mileage, condition and other factors. The Court also noted that the insurance company’s valuation tool sometimes valued vehicles more highly than NADA, so some putative class members benefited from the challenged practice relative to Plaintiff’s proposed alternative. Rachel Curtis v. Progressive Northern Insurance Company 5:17 – cv – 01076 (May 12, 2020 U.S. District Court for the Western District of Oklahoma).