15CV16877 IN AND FOR THE COUNTY OF MUL TNOMAH. Plaintiff and the Class' proposed notice plan is presented for consideration.

Transcription

1 15CV IN THE CIRCUIT COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF MUL TNOMAH 7 STEVEN BELLSHA W, individually and on behalf 8 of all other similarly situated persons, Case No. 15CV vs. Plaintiff, 11 FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation; 12 Defendant. 13 PROPOSED AGREED ORDER REGARDING NOTICE TO THE CLASS Plaintiff and the Class' proposed notice plan is presented for consideration. The Court appoints Epiq Systems as Notice Administrator. Notice shall be accomplished by the following manner: 1. The court-approved short-form notice, Exhibit A to this Order, shall be mailed by first class mail to all class members defined by this Court in its prior orders on class certification; 2. The court-approved short form notice shall also be ed to those class members who are current Defendant's customers, for whom an is available, and who have chosen to receive electronic communications from Farmers; Page 1 - PROPOSED AGREED ORDER REGARDING NOTICE TO THE CLASS

2 Class members shall have 60-days to opt out of the class action lawsuit. The postmark of the letter or opt out method shall determine compliance with the opt-out deadline; 4. A website shall be maintained by Epiq Systems, and shall contain the court-approved 4 long-form notice (Exhibit B to this Order), opt-out information, the Complaint, Answer 5 and orders relating to class certification. The long form notice shall be posted on the 6 class website in English and Spanish. 7 8 IT IS SO ORDERED: 9 Signed: 10/31/ :28 AM Submitted on this 18 th day of October, By::~~~~~~~~~_ 16 David F. Sugerman, DAVID F. SUGE.~lvllJ-U" RNEY, PC SW Washington Stre'~llJI1e 600 Portland, OR Telephone (503) david@davidsugerman.com Attorney for Plaintiff and the Class Page 2 - PROPOSED AGREED ORDER REGARDING NOTICE TO THE CLASS

3 NOTICE OF PENDENCY OF CLASS ACTION To: All persons who purchased automobile insurance from Farmers Insurance Company of Oregon between June 29, 2012 and November 30, An Oregon consumer, Steve Bellshaw, has sued Farmers Insurance Company of Oregon ("Farmers"), claiming that Farmers did not provide policyholders with a notice that accompanies its insurance policy about their rights to choose a repair shop and get their vehicle repaired, as required by DRS and Farmers denies that any such information was required to be included in the notices provided to class members and asserts that it provides all notices required by DRS and as approved by the state. The Court has made no decision about the merits of the claim. This notice is not an expression of any opinion by the Court. The lawsuit is proceeding as a class action and seeks an award of $100 for each class member. The Court may award Plaintiffs counsel attorney fees paid out of the damages in the event it finds in favor of Plaintiff and the class. You are being sent this notice because Farmers' records indicate you are member of the proposed Class. If you wish to remain in the Class, you do not need to take any action at this time. If you do not wish to be part of the Class for any reason, you may exclude yourself by returning an opt-out form available at the website below or by mailing a letter, postmarked by Month Day, 2017, to the following address, stating your name, address, and your desire to be excluded from the Class: <address> If you exclude yourself, you cannot get any money or benefits from this lawsuit (if any are obtained), but you will not be bound by any orders or judgments in this case. Detailed information about the case, including how to request exclusion, may be found at (10169 EXHIBIT A PAGE 1 of 1

4 IN THE CIRCUIT COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF MULTNOMAH Case No. 15CV16877 NOTICE OF PENDENCY OF CLASS ACTION If you bought automobile insurance from Farmers Insurance Company of Oregon between June 29, 2012 and November 30, 2016, your rights may be affected by a pending class action lawsuit. Nature of Action. An Oregon consumer, Steve Bellshaw, has sued Farmers Insurance Company of Oregon ("Farmers"), claiming that Farmers did not provide policyholders with a notice that accompanies its insurance policy that satisfies the requirements of ORS and Plaintiff contends that Farmers failed to explain to insureds their right to receive notices regarding their right to choose a repair shop in the event Farmers later recommends a shop to the insured after an auto accident. Farmers denies that any such information was required to be included in the notices provided to class members and asserts that it provides all notices required by ORS and as approved by the state by informing customers of their right to repair vehicles at the repair shop of their choice. The lawsuit is proceeding as a class action. Who is in the Class? The class consists of Oregon consumers who, between June 29, 2012 and November 30, 2016, were issued an Oregon automobile insurance policy by Farmers. The current Complaint and Farmers' Answer can be viewed at This notice is being provided to you in advance of a final decision by the Court on the merits of the case. No judge or jury has concluded that Farmers did anything wrong. If you are a Class member, however, you have a choice to make now: Do NOTHING Stay in this lawsuit. Await the outcome. Give up the right to sue separately. If you are a Class Member (defined above) and do nothing, you may be entitled to money and/or benefits that may come from a judgment or a settlement of the lawsuit. But you will never be able to sue Fanners separately over the legal claims in this lawsuit, and if Fanners wins this will be bound QUESTIONS? VISITWWW.BELLSHAWFARMERSCLASSACTION.COM SI DESEA RECIBIR ESTA NOTIFICACION EN ESPANOL, LLAMENOS 0 VISITE NUESTRA pagina WEB EXHIBIT B PAGE 1 of5

5 ASK TO BE ExCLUDED Get out of this lawsuit. Get no benefits from it if any are ultimately awarded. Keep the right to sue separately. If you ask to be excluded from the lawsuit and money or benefits are later awarded, you won't be eligible to share in those. But you will keep any rights to sue Famers separately over the legal claims in this lawsuit. BASIC INFORMATION This notice explains that a Court has certified this case as a class action lawsuit that may affect you if you purchased an automobile insurance policy from Fanners Insurance of Oregon between June 29, 2012 and November 30, If this describes you, you may have legal rights and options before the Court makes any decisions on the merits of this matter. In a class action, one or more people called "Class Representatives" (in this case, Steve Bellshaw) sue on behalf of others who may have similar claims. The lawsuit is intended to resolve the issues for all Class members, except for those who exclude themselves from the Class. No. The Court has not decided whether Fanners did anything wrong, or whether any Class members are entitled to any relief or damages. More infonnation about this case is available at this website: An Oregon consumer, Steve Bellshaw, claims that Fanners did not provide policyholders with a notice that accompanies its insurance policy that satisfies the requirements of ORS and Plaintiff contends that Fanners failed to explain to insureds their right to receive notices regarding their right to choose a repair shop in the event Fanners later recommends a shop to the insured after an auto accident. Plaintiff seeks $100 per class member for the alleged violation, equitable relief, and attorney fees. Plaintiff does not seek recovery for any actual hann that class members may have suffered as a result of Fanners' policy notices. Plaintiffs' Complaint can be found on the website. QUESTIONS? VISIT WWN. BELLSHAWFARMERSCLASSACTION.COM \ W 169 EXHIBIT B PAGE 2 of5

6 ~ , 5. What does Farmers say? ~ ~ ~-----~ Fanners denies all of the claims and allegations in the lawsuit. Fanners asserts that it provided a notice to each class member, which clearly set forth each insured's right to choose the repair shop of his or her choice in the event of an auto accident claim. More infonnation about what Fanners says is in Fanners' Answer, which you may view at YOUR RIGHTS AND OPTIONS [f you are a Class Member, you must decide whether to stay in the Class or whether to exclude yourself before a final decision on the merits of the case. You have to decide this no later than Month Day, [f you believe you have suffered hann due to the policy notice provided by Fanners with your insurance policy, you might want to be excluded from this lawsuit because the class is only seeking $100 per class member and not actual damages. [n that case, you might want to protect your right to pursue a separate claim against Fanners. You may want to speak to your own attorney before you decide. If you exclude yourself from the Class-which also means removing yourself from the Class, and is sometimes called "opting-out" of the Class-you will not be legally bound by the Court' s judgments in this Class Action. You will retain your rights to file a claim independently. If you pursue your own lawsuit after you exclude yourself, you may need to hire your own lawyer to prove your claims in that suit. To exclude yourself, you must send an opt-out fonn (available at or a letter that says you wish to be excluded from Bel/shaw v. Farmers Insurance Company a/oregon, Case No. 15CVI6877. [nclude your name, address, telephone number, signature, and, if available, your address. You must mail your letter requesting to be excluded from the Class postmarked by xxxxx to: XXXXXXXXXXXXXXX Exclusions, PO Box 0000, Portland, OR QUESTIONS? VISIT ll0 169 EXHIBIT B PAGE 3 of5

7 THE LAWYERS REPRESENTING THE CLASS The Court has appointed the following lawyers to represent class members as "Class Counsel." David F. Sugerman Tim Quenelle Amy R. Johnson Attorney, PC Attorney, PC Attorney-at-Law 707 SW Washington, 4248 Galewood Street 5836 SE Madison St. Suite 600 Lake Oswego, OR Portland, OR Portland, OR David Sugerman is designated as lead counsel for the Class. You do not need to hire your own lawyer because Class Counsel are required to represent your interests. But, if you want your own lawyer, you should feel free to hire another lawyer to represent your interests. [f Class Counsel obtains damages for the Class, they may ask the Court for attorney fees, costs, and expenses. You will not have to pay any of these fees, costs and expenses. [f the Court grants their request, the fees, costs and expenses may be deducted from any recovery obtained for the Class or paid by Farmers. THE COURT'S DECISION Class Counsel have the burden of proving Plaintiffs and the Class' claims. The Court will decide whether Plaintiff and the Class have met their burden after the exclusion deadline of [DA TEl., ~ ~ Willi get money after the Court's decision?., ~~ [f the Plaintiffs obtain money or benefits as a result of the Court's final decision on the merits, you will be notified about how to submit a claim to participate. Information will be posted on the website as it becomes available. You can access the website whether you stay in the lawsuit or exclude yourself. QUESTIONS? VISIT EXHIBIT B PAGE 4 of5

8 Court orders and other important infonnation about the case may be posted on the website, asit becomes available. QUESTIONS? VISIT WIN'N. BELLSHAWFARMERSCLASSACTION.COM 5 9~ '(}OI69 EXHIBIT B PAGE 5 of5

9 IN THE CIRCUIT COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF MUL TNOMAH 7 STEVEN BELLSHA W, individually and on behalf 8 of all other similarly situated persons, Case No. 15CV Plaintiff, 10 vs. 11 FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation; 12 Defendant. 13 CERTIFICATE OF COMPLIANCE WITH UTCR RE: PROPOSED AGREED ORDER REGARDING NOTICE TO THE CLASS Pursuant to UTCR (1), on October 16, 2017 via the parties jointly approve to the form of the Proposed Agreed Order Regarding Notice to the Class. DATED this 18 1h day of October, By: nd~av~i~d~.~u~g~e~rm~an~grr~~~~ DAVID F. SUGE 707 SW Washingto treet, S Portland, Oregon 9720 Phone: (503) Fax: (503) david@davidsugerman.com Attorney for Plaintiff Page 1 - CERTIFICATE OF COMPLIANCE WITH UTCR RE: PROPOSED AGREED ORDER REGARDING NOTICE TO THE CLASS David F. Sugerman I Attorney, PC 707 SW Washington Street, Suite Portland, Oregon Phone I Fax

10 1 CERTIFICATE OF SERVICE 2 I hereby certify that I served the foregoing PROPOSED AGREED ORDER 3 REGARDING NOTICE TO THE CLASS and CERTIFICATE OF COMPLIANCE WITH 4 UTCR on the following person(s) on this same day: Ii9 by electronic mail and notice of filing using the Cm/ECF system Timothy W. Snider, OSB No Stephen H. Galloway, OSB No Stoel Rives LLP 760 SW Ninth Ave, Suite 3000 Portland OR Phone: (503) Fax: (503) twsnider@stoel.com Stephen.galloway@stoel.com Attorneys for Defendant 13 DATED this 18 th day of October, By: ~D~a~vi~?~S~ug-e~rm~an-,~~~~~" DAVID F. SUGERM, AT 707 SW Washington Str..." _-"'~_ Portland, Oregon Phone: (503) Fax: (503) david@davidsugerman.com Attorney for Plaintiff Page I - CERTIFICATE OF SERVICE DAVID F. SUGERMAN, ArrORNEY, PC 707 SW WASHINGTON STREET, SUITE 600-PORTLAND, OREGON PHONE FAX