Frequently Asked Questions

In a class action, one or more people called “Class Representatives” file a lawsuit on behalf of other people who have similar claims. This avoids the necessity for a large number of people to file similar individual lawsuits and enables the court system to resolve similar claims in an efficient and economical way.

This Lawsuit alleges that the Defendants (defined below) breached their contracts (insurance policies) by failing to pay Plaintiffs and other insureds who submitted physical damage claims for their vehicles during the Class Periods—and which resulted in a Total Loss Payment—the “actual cash value” of their total loss vehicles. Specifically, Plaintiffs alleged that Defendants’ Settlement practice of applying typical negotiation deductions (“TNDs”) in valuation reports to Settlement Classes was improper. The Defendants maintain that they complied with the terms of the insurance policies and applicable law and deny that they acted wrongfully or unlawfully and continue to deny all material allegations.

• from April 13, 2016, through March 20, 2024, if you were a Wisconsin insured; 
• from April 13, 2017, through March 20, 2024, if you were a Kansas insured;
• from April 13, 2012, through March 20, 2024, if you were a Missouri insured;
• from April 7, 2016, through March 20, 2024, if you were a Georgia insured;
• from April 21, 2017, through March 20, 2024, if you were an Ohio insured;
• from August 11, 2018, through March 20, 2024, if you were a Virginia insured;
• from August 11, 2019, through March 20, 2024, if you were a Mississippi insured;
• from April 21, 2013, through March 20, 2024, if you were an Illinois insured; or
• from April 21, 2017, through March 20, 2024, if you were an Arizona insured; 

You may submit a Claim Form for recovery of the TNDs applied relative to your Total Loss Payment. The Settlement Amount to be made available to Settlement Class Members is $21,840,000, less attorneys’ fees and costs, any Class Representative Service Award, and all costs of Settlement notice and administration. If you received a notice in the mail, the Class Notice included a pre-filled Claim Form. You can submit a claim by signing the Claim Form, carefully tearing at the perforation, and putting the Claim Form in the mail. You can call (833) 425-4853 or visit here to request that the Claims Administrator send you a Claim Form as described above (or a blank form that you will need to fill out.  

If you have a Class Member ID, you can also submit an electronic Claim Form by clicking the SUBMIT CLAIM button, and following the steps outlined for you. Your name and insurance claim number will be pre-filled on the electronic Clam Form. 

If you do not have a Class Member ID, you can download a printable Claim Form here, complete and sign the form, and mail it to:

Johnson v. American Family Insurance

c/o Kroll Settlement Administration

P.O. Box 5324

New York, NY 10150-5324

If you submit a Claim Form in the mail, it must be postmarked no later than September 23, 2024, or thirty-five (35) days after the issuance of an Final Approval Order of the Settlement, whichever is later. If you submit an electronic claim, you must do so by 11:59 p.m. CT on September 23, 2024, or thirty-five (35) days after the issuance of an order granting final approval of the Settlement, whichever is later.

You have the right to not be part of the Settlement by excluding yourself or “opt-out” of the Settlement Class. If you wish to exclude yourself, you must do so on or before July 19, 2024, as described below. You do not need to hire your own lawyer to request exclusion from the Settlement Class.  If you exclude yourself from the Settlement Class, 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 any of the Defendants separately in another lawsuit if you choose to pursue one.

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

Johnson v. American Family Insurance

c/o Kroll Settlement Administration

P.O. Box 5324

New York, NY 10150-5324

A notice of intention to opt-out must be postmarked on or before July 19, 2024. 

Your notice of intention to opt-out must contain the following:

1. The name of the Action (Johnson, et al., v. American Family Insurance Company, et al.);
2. Your full name;
3. Your current address;
4. A clear statement that you wish to be excluded from the Settlement Class, such as: “I request exclusion from the Settlement Class”; and
5. Your signature.

The Claims Administrator will file your notice of intention to opt-out with the Court. If you are signing on behalf of a Settlement Class Member as a Legally Authorized Representative (such as an estate, trust or incompetent person), please include your full name, contact information, and the basis for your authority. A notice of intention to opt-out must be exercised individually and not on behalf of a group. 

IF YOU DO NOT EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY THE POSTMARK DEADLINE OF JULY 19, 2024, YOU WILL REMAIN PART OF THE SETTLEMENT CLASS AND WILL BE BOUND BY THE ORDERS OF THE COURT IN THIS LAWSUIT AND BY THE TERMS OF THE SETTLEMENT IF IT IS APPROVED BY THE COURT, EVEN IF YOU DO NOT SUBMIT A CLAIM FORM FOR PAYMENT.  IF YOU DO NOT WISH TO BE BOUND BY THE DECISIONS OR SETTLEMENT IN THIS CASE, YOU MUST REQUEST EXCLUSION FROM THE CLASS ACTION.

The full terms of the Settlement can be found in the settlement website's Documents. If you think the terms of the Settlement are not fair, reasonable, or adequate to the Settlement Class, you may file a written objection 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 and your objection is overruled, you will 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 written objection to the terms of the Settlement. The written objection must include the following:

1. The name of the Action (Johnson, et al., v. American Family Insurance Company, et al.);
2. The objector’s full name, address, and telephone number;
3. All grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
4. The number of times the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case;
5. The identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
6. The number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding 5 years;
7. Any and all agreements that relate to the objection or the process of objecting—whether written or oral—between objector or objector’s counsel and any other Person or entity;
8. The identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing;
9. A list of all Persons who will be called to testify at the Final Approval Hearing in support of the objection;
10. A statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
11. The objector’s signature (an attorney’s signature is not sufficient).

You must submit your objection to all the people listed below, postmarked no later than July 19, 2024.

Note that, if you object, you may be subject to discovery requests, such as answering questions in writing, producing documents, or providing testimony, consistent with the Federal Rules of Civil Procedure.

Any objection 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 Final Approval Hearing. If you file an objection, 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 and the terms of the Settlement, you must file a request for exclusion and not a notice of intent. 

The Court has preliminarily appointed Plaintiffs, Sabrina Timmins, Holly Johnson, Elaine Scherer, Elmira Hobbs, Daniel Rogers, Trina Hawthorne, Brian Marble, Monte Bell, Jill Hodge, and Tammi Dooley, to be the Class Representatives of the Settlement Class. The Court has also preliminarily appointed the following lawyers as Class Counsel for the Settlement Class:

Class Counsel will file an application for attorneys’ fees of no more than $5,460,000, plus costs up to $75,000, to be paid from the available Settlement Amount, with all amounts to be approved by the Court. Defendants have agreed to pay these amounts if approved by the Court. Class Counsel will also seek Service Awards to the Class Representatives in the amount of $5,000 for each, which Defendants have agreed not to oppose, also subject to Court approval. The Service Awards are designed to reward the Class Representatives for securing the recovery awarded to members of the Settlement Class, and to acknowledge the time spent by the Plaintiffs participating in the case and mediation and prosecuting the claims for the benefit of the Settlement Class.

If the Court grants Class Counsel’s request, and in whatever amount the Court approves Class Counsel’s request, the attorneys’ fees, costs, and Service Awards will be paid from the available Settlement Amount. If you submit a valid Claim Form for payment, you will not be personally responsible for any fees, costs or expenses incurred by Class Counsel relating to the prosecution of this case. Instead, such fees amounts will reduce the Maximum Settlement Amount, resulting in the Distributable Settlement Amount, from which your claim payment will be distributed.

As a part of the Settlement, Settlement Class Members agree not to sue the Defendants by asserting any claim arising out of or relating to the Settlement of total-loss claims in the Class Period. Unless you request exclusion from the Settlement Class, you give up the right to individually sue the Defendants and claim you were underpaid as part of your total loss payment, even if you do not submit a claim for payment as part of this Settlement. You are not releasing any other claim against the Defendants. Full terms of the Released Claims and Released Parties can be found here in the proposed Settlement Agreement and Release.

1. An electronic Claim Form submission and directions for how to submit; 
2. The process for requesting a paper (non-electronic) pre-filled Claim Form or blank form;
3. The full terms of the Settlement;
4. Information and requirements for submitting a Claim Form, requesting exclusion, or filing an objection to the terms of the Settlement;
5. A copy of the Complaints filed by Plaintiffs and other important rulings and orders from the Court during the case prior to Settlement; and 
6. For any address change, use the contact form here.
7. Other general information about the class action.