Progressive Avoids Declaratory Judgment in Class Action Lawsuit

A Massachusetts federal judge told Progressive Direct Insurance on March 10 that is now free and clear of declaratory relief sought by the plaintiff. Progressive was previously named in a class action lawsuit alleging breach of contract and more with respect to its calculation of data.

According to the plaintiff’s amended complaint, Progressive is accused of “systematically” thumbing the scale when calculating the cash value of claimants’ losses through the use of “deceptive and unexplained” projected sold adjustments using valuation reports from Mitchell International.

“When valuing total loss claims for vehicles, it is improper for an automobile insurance company, such as Progressive, to undervalue and underpay the claims by manipulating the data used to determine the actual cash value of the vehicles,” the plaintiff argues in the complaint.

The plaintiff’s request for declaratory judgment was dismissed by the court, with Judge Denise J. Casper ruling that such judgment would be “duplicative” of the breach-of-contract claim.

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