Tkachyk v. Travelers Home & Marine Insurance Company, et al.
Tkachyk v. Travelers Insurance Settlement
Case No. 16-cv-00028-DLC

Welcome to the Tkachyk v. Travelers Insurance Settlement Website


Case Summary

The lawsuit was filed by Sara Tkachyk on behalf of herself and all others similarly situated, concerning alleged violation of Montana law by defendants Travelers Home & Marine Insurance Company, The Charter Oak Fire Insurance Company, Northland Casualty Company, Northland Insurance Company, Phoenix Insurance Company, St. Paul Fire & Marine Insurance Company, St. Paul Mercury Insurance Company, The Standard Fire Insurance Company, Travelers Casualty Insurance Company of America, Travelers Commercial Insurance Company, The Travelers Indemnity Company, Travelers Indemnity Company of America, The Travelers Indemnity Company of Connecticut, and Travelers Property Casualty Company of America, individually and on behalf of all affiliated entities (collectively, “Travelers,” as defined in the Settlement Agreement).  The Settlement is on behalf of the Travelers Defendants only and does not apply to Defendant Roderick McNeil.  The Named Plaintiff was involved in an automobile accident while insured under an automobile policy issued by a Travelers entity.  The Named Plaintiff alleges her Travelers entity insurer subrogated from the at-fault driver before the Named Plaintiff was made whole for her property damages or bodily injury damages.  The Named Plaintiff alleges her Travelers entity insurer had no legal right to subrogation, and failed to conduct a reasonable investigation to determine whether the Named Plaintiff was or would be made whole from payments received from the at-fault driver or her insurer.  The Named Plaintiff alleges, generally, that Travelers engaged in improper subrogation in Montana by subrogating before conducting a proper made whole analysis.

While Travelers has agreed to the terms of this Settlement, Travelers has denied and continues to deny liability on each and every claim asserted by the Named Plaintiff.  More specifically, Travelers has denied and continues to deny all charges of wrongdoing or liability, on any theory, arising out of any conduct, statements, acts or omissions of Travelers or its employees, agents or representatives, in connection with the Action.  Travelers has also denied and continues to deny any assertion that the Named Plaintiff or Settlement Class Members suffered any damages that were proximately caused by any act or omission of Travelers or its employees, agents or representatives, or that a class action would otherwise be proper in this Action.

Class Member Definition

On February 3, 2017, the Court provisionally certified the following class for settlement purposes (included persons are “Settlement Class Members”): 

All Persons (and their heirs, executors, administrators, successors and assigns), as of July 26, 2016, (a) who were insured under an auto insurance policy issued by Travelers in Montana; (b) with respect to whom Travelers recovered subrogation on a Montana automobile insurance claim after January 11, 2008.

Class Member Options



Do Nothing and Receive 30% of the Subrogation Amount

Without submitting a Claim Form, each Settlement Class Member shall automatically participate, pro rata in the net settlement fund in proportion to .30 of the amount that Travelers subrogated as to that individual’s claim, as described in Section VI of the Settlement Agreement.

Submit a Claim Form not later than July 1, 2017

If you believe you had uncompensated losses that exceed 30% of the subrogation amount, you were able to submit a claim demonstrating such losses, and, if such a Claim Form was therefore submitted by you, there will be a claim adjustment process pursuant to which your recovery participation will be based on either more or less than .30 of the amount Travelers subrogated as to your claim.  In order to potentially qualify for payment as a member of the Settlement Class under the latter method, you must have submitted a fully completed and signed Claim Form.  The deadline to submit a Claim Form has passed.

Opt out of the Settlement not later than April 17, 2017

The deadline to opt out of the Settlement has passed.

Object to the Settlement not later than April 17, 2017

The deadline to object to the Settlement has passed.


The Court held a Final Settlement Hearing on May 17, 2017, in the Courtroom of the Honorable Dana L. Christensen.  Following the Hearing, the Court granted a Final Judgment Order, approving the Settlement, on May 17, 2017.  You may obtain a copy of the Final Judgment Order on the Key Dates/Docs page.

For More Information

Visit this website often to get the most up-to-date information.


Tkachyk v. Travelers Insurance Class Administrator
c/o JND Class Action Administration
P.O. Box 6878
Broomfield, CO 80021