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Progressive Mountain Insurance Company Class Action Settlement In Personal Injury Protection PIP Class Action Lawsuit

If Progressive Paid You On A Personal Injury Claim, You May Qualify For More Money From A Class Action Settlement.

A class action settlement has been reached in a class action lawsuit pending against Progressive Mountain Insurance Company (“Progressive” or “Defendant”) in the District Court, County of Montrose, Colorado (styled Lorenzo Soto and Veronica Taylor v. Progressive Mountain Ins. Co., Case No. 2002CV47) (Judge James Patrick), alleging, among other things, that Progressive Mountain Insurance Company  failed to properly explain the additional Personal Injury Protection (“PIP”) options (PIP is a type of car insurance that covers medical expenses, lost wages and other damages) available to policyholders before selling them their policies, according to the Progressive Mountain Insurance Company class action settlement notice.

The Progressive Mountain Insurance Company Personal Injury Protection PIP class action settlement reportedly provides that Progressive Mountain Insurance  will create a $2.3 million settlement fund to pay eligible Class Members who reached their original limits of coverage for PIP benefits and had additional medical expenses or lost wages as a result of their accident. This reportedly may include lost wages that occurred more than 52 weeks after the accident, lost wages greater than $400 per week, reasonable medical expenses incurred after policy limits were reached, and/or future medical expenses.

The cost to administer the Progressive Mountain Insurance settlement as well as attorneys’ fees and payments to Class Representatives will reportedly come out of the settlement fund and the amount remaining after deducting these costs will be paid to eligible Class Members who submit timely and valid claims.

The amount of settlement benefits class members may be eligible to receive from the settlement (including what Progressive has already paid for PIP benefits under a settlement class members’ PIP insurance claim) will not be more than $200,000.  A class members’ settlement payment will reportedly depend on the amount of lost wages and medical expenses as well as on the number of valid claims that are filed.

Progressive Mountain Insurance settlement class members who made over $250 per week at their job can reportedly get up to 150% of any unpaid wage benefits, calculated as: $125 plus 85% of their remaining average weekly wage minus any lost wage benefits they have already received.

Progressive Mountain Insurance settlement class members can also claim up to 150% of any (1) reasonable medical expenses that were unpaid because the policy limit was applied (either $25,000 for limited PIP or $100,000 for basic PIP) or (2) reasonable medical expenses that were unpaid because they occurred more than five years after the covered accident.

According to the class action settlement notice, payment for medical expenses may be delayed and the amount may be reduced to the extent any other entity (such as Medicare, Medicaid, TRICARE, a hospital, or a Health Insurance Company) paid any medical expenses resulting from the auto accident and to extent that that may have a medical claim or lien.

Progressive Mountain Insurance Company Personal Injury Protection PIP settlement class members reportedly includes insureds under a Colorado automobile insurance policy who filed a personal injury claim for PIP benefits with Progressive after March 11, 1999 and received PIP benefits for that personal injury claim, but reportedly does not include anyone who received PIP benefits through a Progressive insurance policy that originated between February 4, 2001 and November 1, 2001, received $200,000 or more in PIP benefits through a Progressive insurance policy, or has had a court determine that they already settled their claim for PIP benefits with Progressive and signed a release.

The Court is scheduled to hold a Settlement Hearing at 10:00 a.m. on August 5, 2010, at the District Court, County of Montrose, 1200 N. Grand Ave., Montrose, Colorado 81401, to consider, among other things, whether the Progressive class action settlement is fair, reasonable, and adequate.

For more information on the Progressive Mountain Insurance Company Personal Injury Protection PIP class action lawsuit settlement and potential settlement benefits and/or updates on the settlement, visit the Soto v. Progressive Mountain Ins. Co. Settlement Website:

progressiveclass.com

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