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

Common Questions

 

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  • The purpose of the Class Notice is to inform you that your rights may be affected by the Proposed Settlement of Tkachyk v. Travelers Home & Marine Ins. Company, et al.  The Class Notice was issued pursuant to Federal Rule of Civil Procedure 23 and by order of the United States District Court for the District of Montana.

  • The Class Notice describes the Proposed Settlement of a class action lawsuit 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.

  • Each Settlement Class Member shall automatically be entitled to receive a pro rata portion of the settlement fund net of fees and costs based on .30 of the amount Travelers subrogated as to that individual’s claim, as more fully described in Section VI of the Settlement Agreement.  However, Settlement Class Members had the option of submitting a claim if they believed they are entitled to more, and if such a claim was submitted, there will be a claim adjustment process pursuant to which the individual can receive either more or less than .30 of the amount Travelers subrogated as to that individual’s claim.  The deadline to submit a Claim Form has passed.

  • 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.

    To be excluded from the Settlement Class, you must have followed the “opt out” procedure described in the below question, "Do I need to do anything to participate or can I exclude myself from the Settlement Class?".  The deadline to opt out of the Settlement has passed.

  • The subrogation amount involved in your claim, based on the records of Travelers is listed on the Notice you were mailed, in Question 4A.

  • 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 shown above that Travelers subrogated as to that individual’s claim, as described in Section VI of the Settlement Agreement.  However, 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.

  • If you wish to participate in the Settlement, you do not need to do anything, and you will participate based on .30 of the amount Travelers subrogated as to your claim.  (However, as described above, if you believe you are entitled to more, you were able to submit a Claim Form as provided in the previous paragraph.)

    You will not be charged anything individually to remain in the Settlement Class.  You may, if you wish, enter an appearance through your own counsel, although you must pay the fees and expenses incurred by that counsel.

    If you fit the Settlement Class description, you will be bound by the Final Judgment entered, including the Release of all the Released Claims, and will be permanently enjoined from prosecuting any of the Released Claims in this Action at any time in the future. 

    The deadline to opt out of the Settlement has passed.

  • For purposes of the Settlement, the Named Plaintiff, Sara Tkachyk, has been designated by the Court as the Class Representative.  The Class is represented by the following attorneys (“Class Counsel”):  Allan M. McGarvey, McGarvey, Heberling, Sullivan & Lacey, P.C., 345 First Avenue East, Kalispell, MT 59901, (406) 752-5566; Judah M. Gersh, Viscomi & Gersh, PLLP, 121 Wisconsin Avenue, Whitefish, MT 59937, (406) 862-7800; and Alan J. Lerner, Lerner Law Firm, P.O. Box 1158, Kalispell, MT 59903-1158, (406) 756-9100.

  • The Named Plaintiff and Class Counsel support the Settlement because it provides for prompt, efficient, and fair relief.  In ultimately deciding to recommend this Settlement, Class Counsel considered the relative risks and benefits to the Settlement Class of settlement or continuing litigation.  Settlement Class Members incur no risk or cost in obtaining the relief provided for by the Settlement.

    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.

  • At the Final Settlement Hearing on May 17, 2017, the Court granted approval of an attorneys’ fee award representing 25% of the Settlement Fund amount of $1,260,476, which amount includes the following allocations:  $945,357 for subrogation recovered by Travelers and $315,119 for the class recovery of attorneys’ fees, plus costs and litigation expenses.

    Additionally, the Court approved Class Counsel's request of a Class Representative award to the Named Plaintiff in the amount of $2,500 in recognition of the risk and effort undertaken in prosecuting this case to be paid by Class Counsel out of the Settlement Fund.

  • The Court held a Final Settlement Hearing on May 17, 2017, in the Courtroom of the Honorable Dana L. Christensen.  At the Final Settlement Hearing, the Court considered whether the proposed Settlement should be granted final approval as fair, adequate, and reasonable and in the best interests of the Class as a whole.  The Court also considered the request of Class Counsel for an award of attorneys’ fees and the proposed payment to the Class Representative.

    Following the Final Settlement 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.

  • Unless you excluded yourself from the Class in the manner set forth herein, when the Final Judgment Order was entered by the Court, you shall be deemed to have given Travelers, Travelers’ counsel, and any of Travelers’ past, present or future officers, stockholders, attorneys, insurers, reinsurers, excess insurers, directors, agents, employees and/or independent contractors, and/or any other successors, assigns, divisions, or legal representatives thereof (the “Released Persons”) a General Release.  Under this General Release, you, your heirs, executors, administrators successors and assigns, and any and all other Persons claiming through or by virtue of you, shall release, waive, withdraw, retract and forever discharge any and all known and Unknown Claims, rights, demands, actions, claims, causes of action, allegations, or suits of whatever kind or nature, whether in contract, tort or in equity, debts, liens, liabilities, agreements, interest, costs, expenses, attorneys’ fees, losses or damages (whether actual, consequential, treble, statutory and/or punitive or exemplary or other) arising from or related to allegations regarding any purported improper subrogation activity whatsoever by Travelers, including, but not limited to:  negligence; contractual insurance coverage of any kind; statutory insurance bad faith; breach of contract; breach of the implied covenant of good faith; constructive fraud; conversion; civil conspiracy; aiding and abetting; unfair claim settlement practices, unfair trade practices; unfair insurance practices; conversion; premium overcharges; fraud; misrepresentation; deception; consumer fraud; interference with contract or business expectations; injunctive relief, declaratory judgment; unfair competition; unjust enrichment; deceptive practices; unfair business practices; breach of fiduciary duty; mental or emotional distress and/or common law bad faith, relating in any way whatsoever to Travelers’ subrogation practices in Montana, and/or which were brought or could have been brought in the Action. “Unknown Claims” means any claims arising out of facts found hereafter to be other than or different from the facts now believed to be true, relating to any matter covered by the Settlement, as to any of the Released Claims, as specifically defined above, so that each Settlement Class Member shall be deemed to have expressly waived any and all Unknown Claims relating to any matter covered by the Settlement to the full extent permitted by law, and to the full extent of claim preclusion and res judicata protections.

  • The Class Administrator cannot take address updates over the phone. To update your address, you may either mail a letter to the Class Administrator at the address on the Contact Us page, or use the Email Form on the Contact Us page to submit your address update. Please include the case name, Tkachyk v. Travelers Home & Marine Ins. Company, et. al., and your old mailing address for verification purposes.

  • This website only summarizes the circumstances surrounding the Action, the claims asserted, the proposed Settlement, and related matters. Copies of the court orders and Stipulation of Settlement are available on the Key Dates/Docs page. You may seek the advice and guidance of your own private attorney, at your own expense, if you desire, and you may call counsel for the class listed in the above question, "Who represents the Class?".

    For more detailed information, you may review the pleadings, records, and other papers on file in this Action, which may be inspected during regular business hours at the Clerk’s Office, United States District Court for the District of Montana, 201 E. Broadway, Missoula, MT 59802.  Copies of the Settlement Agreement are available from Class Counsel upon written request.  If you wish to communicate with Class Counsel, you may do so by writing to Class Counsel, or phoning Class Counsel, at the addresses and those numbers listed above.

For More Information

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Mail:

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