A SETTLEMENT AGREEMENT has been made and entered into by and between Plaintiffs Keddrick Brown and Michelle Bost (collectively “Plaintiffs”), individually and on behalf of the Settlement Classes (defined below) and Defendants Progressive Mountain Insurance Company and Progressive Premier Insurance of Illinois (together “Defendants” or “Progressive”). Subject to court approval, the Settlement will provide $43,000,000 to settle this lawsuit, approximately $28,030,667.00 of which will be distributed to Settlement Class Members. The remainder will be used to pay certain fees and expenses. If you take no action, you will be part of the Settlement, you will receive a settlement payment, and your rights will be affected.

IF YOU WERE A GEORGIA RESIDENT AND A POLICYHOLDER WITH PROGRESSIVE MOUNTAIN INSURANCE COMPANY DURING THE TIME PERIOD OF OCTOBER 11, 2015, TO FEBRUARY 18, 2025, OR YOU WERE A GEORGIA RESIDENT AND POLICYHOLDER WITH PROGRESSIVE PREMIER INSURANCE COMPANY OF ILLINOIS DURING THE TIME PERIOD OF JUNE 8, 2016 TO FEBRUARY 18, 2025, AND YOU MADE A CLAIM ON A VEHICLE THAT WAS DETERMINED BY PROGRESSIVE TO BE A TOTAL LOSS, YOU MAY BE A MEMBER OF THE SETTLEMENT CLASSES.

The Class Action alleges that Progressive Mountain Ins. Co. (“Progressive Mountain”) and Progressive Premier Ins. Co. of Illinois (“Progressive Premier”) (collectively with Progressive Mountain “Progressive” or “Defendants”) systematically paid their insureds less than the actual cash value of their vehicles for total loss claims, in breach of Progressive’s policies and in breach of the covenant of good faith and fair dealing. Plaintiffs assert that Progressive did this by basing the compensation for insureds’ total loss claims on valuation reports that applied Projected Sold Adjustments, which Plaintiffs allege are improper. The Class Representatives are only challenging application of the Projected Sold Adjustments as part of the valuation process.

Your legal rights may be affected, and you must make a choice now.


Your Legal Rights and Options in This Lawsuit
Remain a Member of the Settlement Classes

Do nothing. Stay in the lawsuit. Await the outcome.

The Settlement provides that, in exchange for a dismissal of the Class Action and release of claims against Defendants and the Released Parties (as defined in the Settlement Agreement), Defendants and other Released Parties will create a fund of $43,000,000 (the “Settlement Fund”). Each Settlement Class Member who does not opt out will receive a pro rata distribution under the Settlement, after the payment of certain expenses, including attorneys' fees, litigation expenses, settlement administration expenses, and service awards. The individual payments will be mailed to the Settlement Class Member’s address on file with Progressive if you do not choose to receive your payment through an electronic form, such as PayPal, Venmo, or direct deposit to your bank account. There may be benefits to choosing electronic payment.
Ask to be Excluded from the Settlement Classes

Get out of this lawsuit. Keep your rights to sue Defendants in a separate lawsuit.

To exclude yourself from the Settlement, you must send a written “Request for Exclusion” to the Settlement Administrator at the following address: Brown v. Progressive Settlement Administrator, P.O. Box 4178, Portland, OR 97208-4178. An “Opt Out” form will be available at the Settlement Website, but you need not use the form to submit a Request for Exclusion. To be valid, your Request for Exclusion must be postmarked by April 30, 2025, and must include the name and number of the case; must clearly state your desire to be excluded from the Settlement Classes, and include your name, your current address, your telephone number, and your signature. If your Request for Exclusion is not postmarked by April 30, 2025, it will be invalid and you will be included as a member of the Settlement Classes automatically and be bound by the terms of the Settlement and the Final Approval Order and Judgment even if you have previously initiated or subsequently initiate individual litigation or any other proceedings against Defendants.
How to Object to the Settlement

You can object to the Settlement if you don’t like any part of it. Objections must be filed with the Court no later than April 30, 2025, or submitted in writing to:

Clerk of Court,
Richard B. Russell Federal Building & United States Courthouse,
2211 United States Courthouse
75 Ted Turner Drive, SW
Atlanta, GA 30303-3309

And be postmarked no later than April 30, 2025.


Current Status

On October 11, 2021, the first of two related class actions was filed against Progressive in the United States District Court for the Northern District of Georgia. Defendants sought to dismiss the class action, but the Court denied Defendants’ motion and allowed the class action to proceed. On October 4, 2022, the related class actions were consolidated. Plaintiffs filed an Amended Consolidated Class Action Complaint on October 18, 2022, asserting claims for breach of contract and breach of the covenant of good faith and fair dealing. On February 17, 2023, Plaintiffs filed a motion for class certification. After briefing on Plaintiffs’ motion for class certification, the Court granted the motion on August 3, 2023. The Court preliminarily approved the settlement on February 18, 2025, and a notice was sent to all eligible recipients on March 31, 2025, which included an estimated award amount. Class Members will not be required to provide a Claim Form in this matter.


Important Dates
  • October 11, 2015 – February 18, 2025
    Class Period for Progressive Mountain Policyholders
  • June 8, 2016 – February 18, 2025
    Class Period for Progressive Premier Policyholders
  • April 30, 2025
    Deadline for all Class Members to Request to be Excluded from the Classes
  • April 30, 2025
    Deadline for all Class Members to Object to the settlement
  • May 15, 2025
    The Final Fairness Hearing will be held at 11:30 a.m. in Atlanta Georgia