What is this lawsuit about?
ANSWER:
Victor Boyko (“Plaintiff”) sued American International Group, Inc. (“AIG Inc.”), American International Insurance Company of New Jersey (“AIICNJ”) (now known as 21st Century Pinnacle Insurance Company), AIG Marketing, Inc. (“AIGM”) (now known as 21st Century Insurance and Financial Services, Inc.) (collectively the “AIG Defendants”) and Credit Control Services, Inc. d/b/a Credit Collection Services and C.C.S. (“CCS”) (collectively with the “AIG Defendants”, the “Defendants”). Plaintiff owned an automobile insurance policy issued by AIICNJ that provided that the policy would terminate automatically if not renewed. Plaintiff was incorrectly billed for earned premium by the AIG Defendants after his policy automatically terminated and CCS later sent collection letters to Plaintiff for the earned premium. Plaintiff brought a class action against the Defendants contending that they violated state and federal laws by sending the bills and collecting the earned premium. By Order dated May 3, 2012, as amended on June 12, 2012, the Court granted summary judgment in favor of Plaintiff on his claims for breach of contract against AIICNJ and for violations of the New Jersey Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”) against AIICNJ and AIGM. The Court granted summary judgment in favor of AIICNJ on claims for negligence and breach of the duty of good faith and fair dealing and granted summary judgment in favor of AIG Inc. on all claims. Plaintiff’s remaining claims – negligence against AIGM, violations of the New Jersey Consumer Fraud Act against AIICNJ, AIGM and CCS, and violations of the Federal Fair Debt Collection Practices Act (“FDCPA”) against CCS – have not been resolved. The Court also certified two classes: a class of New Jersey residents against AIICNJ for the breach of contract and TCCWNA claims (“AIICNJ Class”) and a class against CCS for the FDCPA claims (“CCS Class”). The parties have agreed to settle the unresolved claims to avoid further protracted litigation.
What is a class action?
ANSWER:
In a class action, one or more people called “Class Representatives” sue on behalf of a group of people with similar claims. All of these people together are called the “Class” or “Class Members.” One court resolves the issues for all Class Members.
Why is there a settlement?
ANSWER:
A settlement is not an admission of any wrongdoing by the Defendants. The Court decided certain claims in favor of Plaintiff and certain claims in favor of Defendants, but there are remaining claims on which the Court did not make any decision in favor of the Plaintiff or the Defendants. Instead, the two sides agreed to settle. By settling, they both avoid the risks, delays, and costs of trial, and the affected customers will get some benefits. The Class Representative and Class Counsel believe this settlement is the best option for everyone in the Class.
Who is in the settlement?
ANSWER:
You are a member of the Settlement Class if you received a notice in the mail, unless you decide to exclude yourself. All of the Court’s orders will apply to you and legally bind you.
If you have questions as to how you were identified as a member of the Settlement Class, you can call Class Counsel at (856) 845-1968 for more information.
How do I get settlement benefits?
ANSWER:
If you are a class member you do not need to do anything to get settlement benefits.
Unless you exclude yourself, if the Settlement is approved by the Court and becomes final you will get a check for the settlement benefits.
When will I get my settlement benefits?
ANSWER:
You will receive your check if the Settlement is approved and after it becomes final. This may take several months, so please be patient.
How do I exclude myself?
ANSWER:
Send a letter by mail clearly indicating your name, address and telephone number and stating that you “request to be excluded from the Settlement Class in the ‘Boyko New Jersey Insurance Litigation’,” and you must sign the letter. You must mail your exclusion request postmarked no later than July 29, 2013, to each of the following addresses:
COURT CLASS COUNSEL DEFENSE COUNSEL
Clerk of the Court Law Offices of Lewis G. Adler Saul Ewing LLP
United States District Court Lewis G. Adler, Esq. Paul M. Hummer, Esq.
Mitchell H. Cohen Building 26 Newton Avenue 3800 Centre Square West
Unites States Courthouse Woodbury, NJ 08096 1500 Market Street
4th & Cooper Streets Tel: (856) 845-1968 Philadelphia, PA 19102
Camden, NJ 08101
You cannot exclude yourself over the phone or by email.
Who are the lawyers representing the class?
ANSWER:
The Court ordered that the Class Counsel, Lewis G. Adler, Roger C. Mattson and Louis D. Fletcher of the Law Offices of Lewis G. Adler, will represent you and the other Settlement Class Members. These lawyers and the law firm are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.
How will class counsel be paid?
ANSWER:
Class Counsel will ask the Court for an award of attorneys’ fees and reimbursement of expenses in an amount up to $250,000. The Court may consider the request at a Settlement Fairness Hearing on August 28, 2013. The amount of fees and expenses awarded to Plaintiff’s Counsel by the Court are separate and apart from any money and/or benefits made available to the Class and will not affect in any way the settlement benefits to which you are entitled.
What is the difference between objecting and excluding?
ANSWER:
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you cannot object because the case no longer affects you.
How do I object?
ANSWER:
As a Settlement Class Member, you can object to the Settlement or the motion for an award of attorneys’ fees and reimbursement of expenses, if you wish. You can give reasons why you think the Court should not approve the Settlement or an award of attorneys’ fees and reimbursable expenses. The Court will consider your views.
To object, you must send a letter saying that you object to the proposed Settlement in the Boyko v. American International Group, Inc., et al., No. 1:08-cv-02214-RBK-JS litigation. You must include your name, address, telephone number, and your signature. You must also state the reasons why you object. Mail copies of the objection to each of the following addresses, postmarked no later than July 29, 2013:
COURT CLASS COUNSEL DEFENSE COUNSEL
Clerk of the Court Law Offices of Lewis G. Adler Saul Ewing LLP
United States District Court Lewis G. Adler, Esq. Paul M. Hummer, Esq.
Mitchell H. Cohen Building 26 Newton Avenue 3800 Centre Square West
Unites States Courthouse Woodbury, NJ 08096 1500 Market Street
4th & Cooper Streets Tel: (856) 845-1968 Philadelphia, PA 19102
Camden, NJ 08101
When and where will the court decide whether to approve the settlement?
ANSWER:
The Court will hold a Settlement Fairness Hearing at 9:30 a.m. on August 28, 2013 at the United States District Court for the District of New Jersey, Camden Division, located at 4th and Cooper Streets, Camden, New Jersey. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel. After the hearing, the Court will decide whether to approve the Settlement.
May I speak at the hearing?
ANSWER:
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include in your objection (described above) the statement, “I hereby give notice that I intend to appear at the Fairness Hearing in ‘Boyko v. American International Group, Inc., et al.’” Be sure to include your name, address, telephone number, and your signature. If you intend to have any witnesses testify or to introduce any evidence at the Fairness Hearing, you must list the witnesses and evidence in your objection.
Your Notice of Intention to Appear must be postmarked no later than August 7, 2013, and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the addresses above.
You cannot speak at the hearing if you exclude yourself or opt out of the Settlement.
Law Office of Lewis G. Adler © 2013 All Rights Reserved