Welcome to the Trietsch v. American Family Mutual Insurance Co. Settlement Website
THE INDIANA COMMERCIAL COURT, MARION COUNTY, INDIANA
Trietsch v. American Family Mutual Insurance Co.
Cause No. 49D01-1902-PL-005757
A settlement has been reached in a lawsuit titled Trietsch v. American Family Mutual Insurance Company, Cause No. 49D01-1902-PL-005757, pending in the Indiana Commercial Court, in the Marion County, Indiana, Superior Court 1. The plaintiff alleges that American Family breached its insurance policy because it allegedly did not include fees charged by the State of Indiana to transfer title to a vehicle, as well as fees charged by the State of Indiana to transfer license plates (or tags) on a vehicle, as part of its actual cash value calculation in total loss claims involving vehicles with private-passenger auto physical damage coverage for a comprehensive or collision loss. American Family denies that any of plaintiff’s allegations are true, and denies it is liable for any wrongdoing.
Under the terms of the proposed settlement, Class Members are eligible for a settlement payment of up to $24.50 (subject to a possible pro rata reduction).
1.) Class Members whose covered policy is still active will automatically receive their settlement payment, mailed directly to the address on file with American Family.
2.) Class Members whose covered policy is no longer active must verify and/or update their names and mailing addresses by submitting a Claim Form online by January 19, 2021 to receive their settlement payment.
The Court has given preliminary approval to the Settlement and approved this Notice, but has not yet given final approval to the Settlement.
IF YOU BELIEVE YOU ARE A CLASS MEMBER, YOU HAVE FOUR CHOICES:
(1) Receive Settlement Payment: Class Members whose covered policy is still active will automatically receive their settlement payment—they do not need to take any action to receive payment. Class Members whose covered policy is no longer active must submit a Claim Form, by January 19, 2021 to receive their settlement payment. If you elect to receive a settlement payment, you will release your potential claims against American Family and be bound by all orders and judgments of the Court.
(2) Take No Action: You are not obligated to take any action. If you do nothing, you will remain a member of the Settlement Class. You may or may not receive a settlement payment, depending upon your status as a current or former American Family policyholder. You will also release your potential claims against American Family and be bound by all orders and judgments of the Court.
(3) Opt Out of the Settlement: You may exclude yourself from the Settlement by mailing notice to:
IN ACV Settlement, c/o KCC Class Action Services,
P.O. Box 43501, Providence, RI 02940-3501
postmarked on or before January 19, 2021. Each notice must be in writing and include the name, address, and phone number of the person/entity seeking exclusion. Each notice must also include a signed statement that: “I/we hereby request that I/we be excluded from the proposed Settlement Class in the Trietsch v. American Family litigation." If you timely opt out of the Settlement, you will not be bound by the Settlement, and you will not receive a settlement payment.
(4) Object: You may object to this Settlement by filing an objection with the Clerk of the Court (see below for address of Court). Each objection must be in writing, and must contain the case name and number, and include a notice of intention to appear, a statement of membership in the Settlement Class, and the legal and factual basis for your objection and any reason why you desire to appear and be heard, along with all documents and evidence that you desire the Court to consider), and must be submitted by March 4, 2021. The Court has appointed Cohen & Malad, LLP and Normand PLLC as Class Counsel to represent the Settlement Class.
Do not contact either the Court or American Family (or its counsel) about this Settlement.
Each choice may have certain risks and consequences. You have the right to discuss your decision with Class Counsel or with your own attorney, and you may enter an appearance through an attorney at your own cost. You have the right to appear at (but are not required to attend) the Final Approval Hearing at 9:00 a.m. on April 1, 2021 in Courtroom W-407 at the City-County Building, 200 E. Washington St., Indianapolis, IN 46204, subject to COVID-19 public health orders or similar court order(s), but must submit papers in advance as set forth above.
DO NOT DELAY: All Claim Forms and Opt Out Requests must be submitted by 11:59 p.m. Eastern Standard Time on January 19, 2021.