Progressive Preferred Insurance Co. customers aren’t entitled to class certification on their claims that the insurer undervalued their damaged vehicles, since individual questions about deductions in policyholders’ claims predominate over any common ones, a divided federal appeals court ruled Friday.
To prevail, the policyholders will need to individually compare the correct market value of their car with the allegedly flawed one Progressive calculated using a “projected sold adjustment,” Judge Michael Daly Hawkins said.
“Without any evidence that the PSA is disallowed on its face, its mere existence is not common evidence of liability on its own,” Hawkins said for ...