What is this settlement about?
Several policyholders sued State Farm Fire and Casualty Company (“State Farm”) for applying depreciation to the estimated costs of the labor necessary to repair or replace damaged structures in making actual cash value (“ACV”) claim payments under State Farm policies. State Farm denied, and continues to deny, that its conduct breached its insurance policies or that it otherwise engaged in any wrongful conduct.
The Court allowed the lawsuit to proceed as a “class action” on behalf of a “Class” of persons and entities who made a structural damage claim under a State Farm policy for a dwelling or other structure located in Arkansas based on losses that occurred between May 1, 2010 and December 6, 2013, which resulted in an ACV claim payment on which depreciation was applied to estimated labor costs.
The parties have now reached a proposed settlement of the lawsuit, which has been given final approval by the Court. You may read the settlement agreement and relevant Court orders on the Important Documents page.
Who is included?
This proposed Settlement covers a Class of State Farm insureds who, according to Plaintiffs’ allegations, were underpaid on their claims because State Farm calculated their ACV claim payments by applying depreciation to estimated labor costs.
The “Class” consists of:
All persons and entities that received “actual cash value” payments, directly or indirectly, from State Farm for loss or damage to a dwelling or other structure located in the State of Arkansas, such payments arising from events that occurred between May 1, 2010 and December 6, 2013, where the cost of labor was depreciated.
The following people are excluded from the Class: (1) all persons and entities that received payment from State Farm in the full amount of insurance shown on the declarations page; (2) State Farm and its affiliates, officers and directors; (3) members of the judiciary and their staff to whom this action is assigned; and (4) Plaintiffs’ counsel.