Who is a Class Member
The Allstate Car Insurance class action settlement includes “all Persons (and their heirs, executors, administrators, successors and assigns), as of September 28, 2018, (a) who were insured under an auto insurance policy issued by Allstate in Montana; (b) with respect to whom Allstate recovered subrogation on a Montana automobile insurance claim after October 21, 2008.”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Settlement Class Members shall automatically receive a pro rata (equal) portion of the settlement fund based on .30 of the amount Allstate subrogated as to that individual’s claim. However, Class Members can submit a claim form if they believe they are entitled to more.
Proof of Purchase
Allstate Car Insurance Settlement Notes
- Konecky v. Allstate Fire & Cas. Ins. Co., et al.
- Case No.9:17-cv-00010-DWM
- Pending in the U.S. District Court for the District of Montana
Plaintiffs Seth and Jennifer Konecky filed this class action lawsuit alleging that they suffered bodily injury and property damage in an car accident and that their insurer, Allstate Insurance Company illegally sought subrogation from the at-fault driver before they were made whole. They allege that Allstate is part of a common scheme to deny Montana residents appropriate benefits through the wrongful collection of subrogated funds.
In the world of insurance, subrogation is “when your insurance company stands in for you and assumes your legal right to pursue an individual or organization for an insurance claim”. It’s a technique that insurance companies, like Allstate, use to reclaim the money paid out for insurance claims. For example, after a traffic collision, an insurance provider can use subrogation to pursue the driver of the at-fault vehicle in order to recoup losses. Say for instance, a van runs a red light and crashes into a pool maintenance company truck, the pool company driver files a claim on his commercial car insurance and his insurance providers cuts him a check to cover damages from the accident. After the claim is settled, the pool company driver’s insurance provider uses subrogation to get reimbursed from the van owner by going to court on behalf of the pool company driver.
Essentially, the complaint contends that Allstate had no right to subrogation and did not properly conduct investigations.
Allstate denies any wrongdoing. Complete details about the case and settlement are provided on the Allstate Car Insurance settlement website.
Class members who wish to object to or exclude themselves from the Allstate Car Insurance settlement must do so by January 14, 2019. Class members who wish to participate in the settlement must submit a claim form on or before March 30, 2019.
- 3/30/19: Claim Form Deadline
- 1/14/19: Objection or Exclusion Deadline
- 2/13/19: Final Hearing at 1:30 pm MST* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check the settlement website at KoneckyClassAction.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Konecky v. Allstate Class Administrator, c/o JND Legal Administration, P.O. Box 91350, Seattle, WA 98111
- Phone: 1-833-843-2641
- Allan M. McGarvey of McGarvey Heberling Sullivan & Lacey
- Judah M. Gersh and Brian M. Joos of Viscomi Gersh Simpson & Joos PLLP
- Alan J. Lerner of Lerner Law Firm