Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Coleman v. Sentry Insurance A Mutual Co.

United States District Court, S.D. Illinois

October 27, 2016

WILLIAM A. COLEMAN, MARY A. COLEMAN, ALAN LEMKE, and KAREN LEMKE, on Behalf of Themselves and all Others Similarly Situated, Plaintiffs,
v.
SENTRY INSURANCE A MUTUAL COMPANY, Defendant.

FINAL APPROVAL ORDER

          STACI M. YANDLE United States District Judge

         Pending before the Court is Plaintiff's Motion for Final Approval of Amended Class Action Settlement (Doc. 53). The Court conducted a Rule 23 final fairness hearing on October 27, 2016. For the reasons stated herein and those stated on the record, the Court GRANTS the motion as follows:

         WHEREAS, Plaintiffs William A. Coleman, Mary A. Coleman, Alan Lemke, and Karen Lemke, and Defendant Sentry Insurance a Mutual Company, by their respective counsel, entered into the Amended Class Action Settlement Agreement (“Settlement”); and

         WHEREAS, the Plaintiffs and Defendant applied pursuant to Rule 23 of the Federal Rules of Civil Procedure for an order preliminarily approving the proposed Settlement and preliminarily approving the form and plan of notice and distribution as set forth in the Settlement;

         WHEREAS, this Court previously certified the following class (the “Class”): All persons listed on the Class Member List, which is made up of all persons in the States of Arkansas, Colorado, Georgia, Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, Tennessee, and Wisconsin who had an auto insurance policy with Sentry Insurance a Mutual Company (“Sentry”) with a Payback Agreement endorsement for the years 2010 through 2014, inclusive, and all persons in the States of Connecticut and Kentucky who had an auto insurance policy with Sentry with a Payback Agreement endorsement for the years 2010 to 2013, inclusive, and who: (1) were sent a letter informing them that the policy had been non-renewed as part of Sentry's nonrenewal of standard consumer policies in their State; and (2) had no claims or losses under the policy in the year preceding the non-renewal. Excluded from the class are any persons who previously released any claim to recover any “payback” amount owed to them.

         WHEREAS, on June 29, 2016, the Court entered an order preliminarily approving the Settlement, approving the forms of notice of the Settlement to Class Members, directing that appropriate notice of the Settlement be given to Class Members, and scheduling a hearing on final approval (the “Preliminary Approval Order”) (Doc. 46);

         WHEREAS, in accordance with the Amended Settlement Agreement and the Preliminary Approval Order: (1) Class Counsel caused the Notice of Class Action Settlement to be mailed by United States First Class Mail to all known members of the Class; and (2) the affidavit of notice filed with this Court by Class Counsel demonstrates compliance with the Preliminary Approval Order with respect to the mailed notice and, further, that the best notice practicable under the circumstances was, in fact, given;

         WHEREAS, Class Counsel filed with the Court a listing of the names of those persons who submitted valid requests for exclusion from the Class;

         WHEREAS, on October 27, 2016, at 9:30 a.m., this Court held a hearing on whether the Settlement is fair, reasonable, adequate and in the best interests of the Class (the “Fairness Hearing”); and

         WHEREAS, based upon the foregoing, having heard the statements of Class Counsel and Counsel for Defendant, and of such persons as chose to appear at the Fairness Hearing; having considered all of the files, records and proceedings in the Lawsuit, the benefits to the Class under the Settlement and the risks, complexity, expense and probable duration of further litigation; and being fully advised in the premises;

         THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:

         1. Terms capitalized herein and not otherwise defined shall have the meanings ascribed to them in the Settlement Agreement.

         2. This Court has jurisdiction over the subject matter of this Lawsuit and jurisdiction over the Plaintiffs and Defendant in this case (the “Parties”).

         3. The Court hereby adopts and reaffirms the findings and conclusions set forth ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.