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| QUESTION | YES | NO |
|---|---|---|
| Did you submit a UM or UIM bodily injury claim to one of the Motorists insurers listed in Question 2 from January 1, 1999 through December 12, 2007? | Continue. | You are not a Class Member. |
| Did you receive a payment from Motorists for the UM/UIM bodily injury claim? | Continue. | You are not a Class Member. |
| Was your payment less than the UM/UIM coverage limits stated in the policy? | Continue. | You are not a Class Member. |
| Was your claim resolved by litigation or arbitration in which a judge, jury or arbitrator determined, in a contested proceeding, the value of your UM/UIM claim? | You are not a Class Member. | Continue. |
10. I'm still not sure if I'm included.
Call 1-888-229-1903 if you are not sure whether you are included in the Class.
11. What does the settlement provide?
Money may be available for eligible people who were paid for UM or UIM bodily injury claims by Motorists. Also, Motorists will not use the computer programs COLOSSUS, COA or Injury IQ to assist in the determination of general damages payments for UM/UIM bodily injury claims for 5 years. The Settlement Agreement available at www.JonesSettlement.com, has all the details.
12. How do I know if I can claim a payment?
To qualify for a payment you must file a timely claim. You cannot qualify for a payment if you were already paid up to or more than the coverage limits stated in the policy for your bodily injury claim or if your claim was adjudicated to final disposition by a judge, jury or arbitration panel. See additional exceptions noted in Question 8.
13. How much will payments be?
Eligible Class Members who timely file a completed claim form will be paid additional General Damages payment under their UM/UIM coverage based on the following formula:
The amount of General Damages previously paid by Motorists for the Class Members' UM/UIM Bodily Injury Claim will be divided by .87. The result of that calculation will then be decreased by the amount of General Damages previously paid. For purposes of the calculation, General Damages have been set at 70% of the amount paid for your Motorists UM/UIM claim.
As an example, if the previous UM/UIM claim payment was $10,000, 70% of that amount, or $7,000 will be considered the amount of General Damages previously paid. That $7,000 amount is then divided by .87, which equals $8,045.98. The $8,045.98 number is then decreased by $7,000, totaling an additional cash payment of $1,045.98.
You may not be entitled to payment or your payment may be less if the total amount previously paid to you or others for bodily injury claims plus the amount you would get under the settlement would exceed the policy limits for a single claimant or for payments to all claimants.
Settlement payments will also be limited by the terms of the auto policy involved. If the total amount needed to pay valid claims exceeds $2,383,893, each Class Members' payment will be reduced and paid in proportion to all Class Members' payments.
14. Tell me about the changes Motorists will make to benefit everyone.
Motorists has agreed that it will not use COLOSSUS, Claims Outcome Advisor or Injury IQ to assist in the determination of general damage UM/UIM payments for 5 years.
15. How can I get a payment?
Per the court approved Settlement Agreement the claim filing deadline of April 3, 2008 has past.
16. When will I get my payment?
The payments will be mailed to eligible Class Members who send in valid claim forms on time, after the Court grants "final approval" of the settlement, and any appeals are resolved. If Judge Johnson approves the settlement after a hearing on March 4, 2008 (see the section "The Court's Fairness Hearing" below), there may be appeals. It's always uncertain whether these appeals can be resolved, and resolving them can take time. Please be patient.
17. What if I disagree with my eligibility or the amount of my payment?
There is a process in the settlement to resolve disagreements between you and Motorists over whether you are eligible and how much money you should get. You will get further details in the letter you received about your eligibility. The Settlement Agreement also provides more information.
18. What am I giving up to get a payment or stay in the Class?
If the settlement becomes final, you will be releasing Motorists for all the claims described and identified in the Settlement Agreement, including Section 33. The Settlement Agreement describes the released claims with specific descriptions, in necessarily accurate legal terminology, so read it carefully. Talk to Class Counsel (see the section on "The Lawyers Representing You") or your own lawyer if you have questions about the released claims or what they mean.
19. How do I get out of the settlement?
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the Motorists settlement class in Jones v. American Hardware Mutual Insurance Co., et al. Be sure to include the case number (No. CV-2007-470-3), your full name, address, and your signature. You must mail your request for exclusion postmarked by February 19, 2008 to:
Jones Settlement
P.O. Box 5358
Portland, OR 97228-5358
You can't exclude yourself on the phone, by email, or at the website.
20. If I don't exclude myself, can I sue Motorists for the same thing later?
No. Unless you exclude yourself, you give up any right to sue or be part of any other lawsuit against Motorists for the claims that this settlement resolves. Remember, the exclusion deadline is February 19, 2008.
21. If I exclude myself, can I get a payment from this settlement?
No. If you exclude yourself, do not submit a claim form to ask for a payment.
22. Do I have a lawyer in this case?
The Court appointed Whitten, Nelson, McGuire, Terry & Roselius of Oklahoma City, Oklahoma; Nix, Patterson & Roach, LLP of Texarkana, Texas; Keil & Goodson of Texarkana, Arkansas; and Burrage Law Firm of Durant, Oklahoma to represent you and other Class Members as "Class Counsel." You do not have to personally pay Class Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.
23. How will the lawyers be paid?
Class Counsel will ask the Court for $1,376,698 million to cover attorneys' fees and reimbursement of their expenses. Class Counsel will also request that an amount be awarded to Class Representative, Victoria Jones, for representing the Class; this amount will be deducted from any fees awarded to Class Counsel. Motorists has agreed not to oppose the request for fees and expenses up to that amount. The Court may award less than this amount. Motorists will separately pay the fees and expenses the Court orders. These payments will not reduce the amount distributed to eligible Class Members. Motorists will also separately pay the costs to administer the settlement.
24. How do I tell the Court if I don't agree with the settlement?
If you don't want the Court to approve the settlement you must file a written objection in the case with the Circuit Court of Miller County, Arkansas and send a copy to the Settlement Administrator as noted below. Be sure to include the name of the case (Jones v. American Hardware Insurance Co., et al.), case number (No. CV-2007-470-3), your full name, address, telephone number, your signature, the specific reasons why you object to the settlement, and whether you or your attorney will appear at the fairness hearing (see the section on the "Court's Fairness Hearing" below). If you have a lawyer file an objection for you, he or she must follow all Arkansas rules. The objection must be mailed to the Settlement Administrator so that it is postmarked by February 19, 2008, and filed by that same date with the Clerk of the Court. Note: You may mail it to the Court, but it must be received by the Court and filed by that date. For more information please refer to FAQ 28 below.
COURT
Miller County Court Clerk
Room 109
412 Laurel Street
Texarkana, AR 71854
ADMINISTRATOR
Jones Settlement
P.O. Box 5358
Portland, OR 97228-5358
25. What's the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you don't like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
26. When and where will the Court decide whether to approve the settlement?
The Court has scheduled a Fairness Hearing at 10:30 a.m. on March 4, 2008, 3rd Floor Courtroom, at the Miller County Courthouse in Texarkana, Arkansas. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check back at this website. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Johnson may listen to people who have asked to speak about an objection according to Question 24 above. The Court may also decide how much to award Class Counsel as fees for representing the Class. At or after the hearing, the Court will decide whether to approve the settlement. We do not know how long this decision will take.
27. Do I have to come to the hearing?
No. Class Counsel will answer any questions that Judge Johnson may have. But, you are welcome to come at your own expense. If you send an objection, you don't have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it's not necessary.
28. May I speak at the hearing?
If you submitted an objection to the settlement you may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your "Notice of Intent to Appear in Jones v. American Hardware Mutual Insurance Co., et al." Please send your Notice of Intent to Appear postmarked no later than February 19, 2008, to the addresses listed in Question 24 along with the following information:
- name of the case (Jones v. American Hardware Mutual Insurance Co., et al.), case number (No. CV-2007-470-3), your full name, address, telephone number, and signature;
- name, address, bar number and telephone number of your attorney, if you have one;
- detailed statement of the specific legal and factual basis for each objection;
- any documents you have that show you are a member of the Class;
- list of any witnesses you intend to call at the Fairness Hearing, including the address of each witness and a summary of his or her proposed testimony; and
- description of all evidence you may offer and copies of all exhibits you intend to introduce at the Fairness Hearing.
You cannot speak at the hearing if you exclude yourself.
29. What happens if I do nothing at all?
If you do nothing, you'll get no payment from this settlement. But, unless you exclude yourself, you won't be able to sue Motorists for the claims resolved in this case.
30. How do I get more information about the settlement?
This web site summarizes the proposed settlement. More details are available in the Settlement Agreement. You can also get more information by calling 1-888-229-1903, or writing with questions to Jones Settlement, P.O. Box 5358, Portland, OR 97228-5358.