- A policyholder has sued Church Mutual Insurance Company (“Church Mutual”) for depreciating the estimated costs of labor and other non-materials needed to repair or replace damaged structures when making actual cash value (“ACV”) payment(s) to policyholders under Church Mutual property insurance policies.
- The Court has allowed the lawsuit to be a class action on behalf of all Church Mutual policyholders “who made: (1) a structural damage claim for property located in Arizona, California, Illinois, and/or Tennessee; and (2) for which [Church Mutual] itself accepted coverage and then chose to calculate actual cash value exclusively pursuant to the replacement cost less depreciation methodology and not any other methodology, such as fair market value; and (3) which resulted in an actual cash value payment during the class period from which non-material depreciation was withheld from the policyholder[,] or which should have resulted in an actual cash value payment but for the withholding of non-material depreciation causing the loss to drop below the applicable deductible.”
- The class includes Church Mutual policyholders with claims having a date of loss on or after October 5, 2019.
- The Court has made rulings allowing the lawsuit to be a class action and addressing the allegations in the Complaint. These rulings are available for review.
- There is no money available now, and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now.
| Your Legal Rights and Options |
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DO NOTHING
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Stay in this lawsuit. Await the outcome. Give up certain rights.
If you do nothing, then you keep the possibility of getting money or benefits that may come from trial or settlement, but you will also be bound by the outcome of this case whether favorable or unfavorable. You will also give up any rights to sue Church Mutual separately about the same legal claims in this lawsuit.
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ASK TO BE EXCLUDED
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Get out of this lawsuit. Get no benefits from it. Keep rights.
If you ask to be excluded from this case and money or benefits are later awarded, then you won’t share in those. You will keep your rights to sue Church Mutual separately about the same legal claims in this lawsuit, if you choose to do so.
Ask to be excluded if you do NOT want to be part of this case.
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- Your options are further explained in the Notice mailed to you and available for review here. To ask to be excluded, you must sign the "Exclusion Form", and mail it postmarked by May 16, 2024. Alternatively, you can send a legible, scanned .pdf image of the fully completed "Exclusion Form" by e-mail to: info@InsuranceDepreciationClass.com.
- To prevail in this lawsuit, the Plaintiff must prove the claims against Church Mutual. If the Plaintiff prevails and money or benefits are obtained from Church Mutual, then you will be notified about how to receive money that may be owed to you.
- Any questions? Read on and review this website.