Welcome to the Bellamy v. GEICO Settlement Website

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

Bellamy, et al. v. Government Employees Insurance Company et al.

Case No. 6:17-CV-891-PGB-LRH

A settlement has been reached in the case Bellamy, et al. v. Government Employees Insurance Company, et al., Case No. 6:17-cv-891-PGB-LRH (M.D. Fla.), entitling Class Members to payment of up to $79.85, plus pre-judgment interest. This Website explains: 1) the terms of the Settlement; 2) who is a member of the Class; 3) how to submit a claim for payment; 4) how to request exclusion from the Settlement; 5) how to object to the Settlement; and 6) how to get more information about the Settlement.

IF YOU ARE A CLASS MEMBER, THIS LEGAL PROCEEDING MAY AFFECT YOUR RIGHTS.

Settlement Terms

As a part of the Settlement, Government Employees Insurance Company, GEICO General Insurance Company, and GEICO Indemnity Company (together “GEICO” or “GEICO Defendants”), have agreed to:

1. pay eligible members of the Class up to $79.85 in title and registration transfer fees, plus pre-judgment interest, which is the full amount Plaintiffs alleged they and Class Members are owed;
2. begin including at least $79.85 in total-loss payments to private passenger auto insureds who suffer a total loss to an owned vehicle in the future unless and until certain conditions are met as set forth in the Settlement Agreement; and
3. separately pay attorneys’ fees, costs, and incentive awards to the Plaintiffs, which will not come from nor reduce any payment made to members of the Class.

In exchange, the Plaintiffs and the members of the Class who do not exclude themselves from the Settlement agree to give up any claim they have for payment of title and registration transfer fees. If you are a member of the Class, you can submit a claim to be eligible to be paid $79.85 in title and registration transfer fees, plus prejudgment interest. Alternatively, you may, if you wish, request to be excluded from the Settlement, which means you are not eligible for payment, and you maintain your right to sue GEICO individually and separately for payment of title and registration transfer fees. You may also object to the terms of the Settlement, if you comply with the requirements set forth below.

How Do I Know if I’m a Member of the Class?

You may be a member of the class action (a “Class Member”) against Government Employees Insurance Company, GEICO General Insurance Company, and GEICO Indemnity Company (together “GEICO” or “GEICO Defendants”) if: (1) you were a Florida policyholder and insured by Government Employees Insurance Company or GEICO General Insurance Company and submitted a physical damage claim with respect to a covered owned (i.e., not leased) vehicle during the period May 17, 2012 through January 6, 2020 that resulted in a total loss claim payment; or (2) you were a Florida policyholder and insured by GEICO Indemnity Company and submitted a physical damage claim with respect to a covered owned (i.e., not leased) vehicle during the period October 10, 2012 through January 6, 2020 that resulted in a total loss claim payment. If your total loss vehicle was a leased vehicle, however, you are not part of the Class. If your total loss claim payment included title transfer and registration transfer fees, you may not be part of the Class.

If you are a Class Member, you have four options (summarized below).

Option 1: Submit a Claim Form for Payment.

You may submit a Claim Form for payment of up to $79.85, plus pre-judgment interest. The payment is the full amount sought in the case and, for all Class Members, totals over $27 million. If you received a Notice in the mail, the 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 (the Claim Form is addressed and has necessary postage prepaid).

You may also submit a claim online by clicking HERE and following the steps outlined for you.  You will need a Claim ID (which was included in the Mailed Notice and Email Notices) or your last name and policy number or claim number. If you do not know your Claim ID, you can call 1-888-652-3399 and provide your last name and seek assistance in determining your Claim ID. You can also fill out the information in an electronic blank form.

If you submit a Claim Form in the mail, it must be postmarked no later than June 10, 2020. If you submit an Electronic Claim, you must do so by 11:59 p.m. EDT on June 10, 2020.

Option 2: Exclude yourself from the Case. 

You have the right to not be part of the Settlement by excluding yourself or “opting out” of the Class. If you wish to exclude yourself, you must do so on or before May 18, 2020 as described below. You do not need to hire your own lawyer to request exclusion from the Class. If you exclude yourself from the Class, you give up your right to receive $79.85, plus pre-judgment interest, or any other benefits as part of this settlement, and you will not be bound by any judgments or orders of the District Court, whether favorable or unfavorable. However, you will keep your right to sue any of the GEICO 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:

Bellamy v. GEICO General Insurance Company, et al.
Settlement Administrator
P.O. Box 43406
Providence, RI 02940-3406

A request for exclusion must be postmarked on or before May 18, 2020.

Your request for exclusion must contain the following:

1. The name of the lawsuit;
2. Your full name;
3. Your current address;
4. A clear statement that you wish to be excluded from the Class, such as: “I request exclusion from the Class”; and
5. Your signature.

The Settlement Administrator will file your request for exclusion with the District Court. If you are signing on behalf of a Class Member as a legal representative (such as an estate, trust, or incompetent person), please include your full name, contact information, and the basis for your authority. A request for exclusion must be exercised individually and not on behalf of a group.

IF YOU DO NOT EXCLUDE YOURSELF FROM THE CLASS BY THE POSTMARK DEADLINE OF MAY 18, 2020, YOU WILL REMAIN PART OF THE CLASS AND WILL BE BOUND BY THE ORDERS OF THE DISTRICT 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 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.

Option 3: Object to the Terms of the Settlement.

The full terms of the Settlement can be found by clicking HERE. If you think the terms of the Settlement are not fair, reasonable, or adequate to the Class Members, you can file a Notice of Intent to object 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 Notice of Intent to object to the terms of the settlement to the following address:

Bellamy v. GEICO General Insurance Company, et al.
Settlement Administrator
P.O. Box 43406
Providence, RI 02940-3406

The Notice of Intent must include the following:

1. The name of the case and case number;
2. Your name, address, telephone number, and signature;
3. The specific reasons why you object to the terms of the Settlement;
4. The name, address, bar number, and telephone number of any attorney who represents you related to your intention to object to the terms of the Settlement; and
5. State whether you and/or your attorney intend to appear at the Fairness Hearing and whether you and/or your attorney will request permission to address the Court at the Fairness Hearing.

If you and/or your attorney intend to request permission to address the Court at the Fairness Hearing, your Notice of Intent must also include the following:

1. A detailed statement of the legal and factual basis for each of your objections;
2. A list of any witness you may seek to call at the Fairness Hearing (subject to applicable rules of procedure and evidence and at the discretion of the Court), with the address of each witness and a summary of his or her proposed testimony;
3. A list of any legal authority you may present at the Fairness Hearing; and
4. Documentary proof of membership in the Settlement Class.

Notices of Intent to object must be postmarked by May 18, 2020. Any Notice of Intent 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 Fairness Hearing. If you file a Notice of Intent, you waive the right to request exclusion from the 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.

Option 4: Do Nothing. Stay in the case, but not receive a payment.

You have the right to do nothing. If you do nothing, you will be bound by the terms of the Settlement and will release any claim against GEICO for title and registration transfer fees, even if you do not submit a Claim for payment.

HELP IS AVAILABLE TO ASSIST YOUR UNDERSTANDING OF THIS CLASS ACTION SETTLEMENT.

Call 1-888-652-3399 toll free for more information.

KCC Class Action Services LLC