A class action is a lawsuit in which one or more individuals bring claims on behalf of other persons or entities. These persons or entities are referred to as a class or class members. In a certified class action, the Court resolves certain issues, legal claims, and/or defenses for all class members in a single action, except for those persons or entities who ask in writing to be excluded from the class.

Plaintiffs allege that GEICO Advantage Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company, GEICO County Mutual Insurance Company, and GEICO Choice Insurance Company (“Defendants”) breached their contracts (Personal Automobile Insurance Policies) by failing to fully pay Plaintiffs and other Texas insureds who submitted first-party damage claims for their vehicles during the Class Period, and which resulted in a Total Loss Claim payment. Specifically, Plaintiffs allege that Defendants failed to pay full Sales Tax and/or Regulatory Fees following a total loss. GEICO maintains it complied with the terms of the Personal Automobile Insurance Policies and applicable law. GEICO denies that it acted wrongfully or unlawfully and continues to deny all material allegations.

The Court has not decided in favor of Plaintiffs or Defendants. To avoid the cost, risk, and delay of litigation, and the uncertainty of trial, the parties agreed to settle this Action. Plaintiffs and Class Counsel believe the Settlement is fair, reasonable, and adequate.

As a part of the Settlement, Defendants and affiliated entities (collectively “GEICO”) have agreed, upon Court approval, to pay Settlement Class Members who submitted a valid Claim Form by the July 10, 2024, deadline. For Sales Tax Class Members, GEICO will pay Texas state sales tax of 6.25% based on the adjusted vehicle value at the time of the loss and $80 in Regulatory Fees (less any amount in Sales Tax and Regulatory Fees paid by GEICO as part of the Total Loss Claim payment), reduced by each claimant’s proportional share of Class Counsel Fees and/or court-awarded costs.

Members of the Sales Tax Settlement Class include all Insureds covered under any Texas private passenger automobile insurance policy that defined “Actual Cash Value” under Section III of the policy as “the replacement cost of the auto or property less depreciation and/or betterment” issued by GEICO or its affiliates who made a first-party physical damage claim on a leased vehicle between May 5, 2016 and March 18, 2024, that GEICO paid as a total loss under comprehensive or collision coverage and who did not receive full state Sales Tax based on the adjusted vehicle value of the totaled vehicle as part of the Settlement Payment and who did not timely opt out from the Settlement Class by the deadline of June 25, 2024.

If you are a Class Member, you had the option to submit a Claim Form for payment by July 10, 2024. The deadline to File a Claim has passed.

You could have also done nothing and stayed in the case. You had the right to do nothing. If you did nothing, you will be bound by the terms of the Settlement and will release any claim against GEICO for Sales Tax and/or Regulatory Fees, even if you did not submit a Claim Form for payment. You will not receive a Settlement Payment if you did nothing.

You had the option to exclude yourself or object to the terms of the Settlement by June 25, 2024. The deadline to Exclude yourself or Object has passed.

For more information about your options, please continue reading the FAQs below or download a copy of the Settlement Agreement, available for download on the "Important Documents" page of this website.

In order to be eligible for a Settlement payment, you must have submitted a Claim Form for payment of Sales Tax and Regulatory Fees. The deadline for submitting a Claim Form was July 10, 2024, and has passed

If you did not exclude yourself, you will receive a settlement payment within approximately one-hundred and twenty (120) days of the Final Approval Order, which was entered on August 7, 2024.

If you wished to exclude yourself from the Settlement, you must have written to the Settlement Administrator about why you wished to exclude yourself from the Settlement by June 25, 2024. The deadline to exclude yourself has passed.

No. Settlement Class Members who submitted a timely and valid request for exclusion from the Settlement Class will have no rights or obligations as Settlement Class Members pursuant to the Settlement Agreement and will not be bound by the Releases as specified in the Agreement.

If you thought the terms of the Settlement were not fair, reasonable, or adequate to the Settlement Class Members, you could have filed a Notice of Intent to object to the terms of the Settlement. If you objected to the terms of the Settlement, you could not request exclusion from the Settlement. If you objected to the terms of the Settlement and your objection is overruled, you will be bound by the terms of the Settlement and all rulings and orders from the Court.

You have the right to do nothing. If you do nothing, you will be bound by the terms of the Settlement and will release any claim against GEICO for Sales Tax and/or Regulatory Fees, even if you do not submit a Claim Form for payment. You will not receive a Settlement Payment if you do nothing.

The Court has preliminarily appointed Plaintiffs, PHILIP ANGELL, STEVEN BROWN, TONNIE BECK, TAMMY MORRIS, and DAWN BURNHAM to be the Class Representatives of the Settlement Class. The Court has also preliminarily appointed the following lawyers as Class Counsel for the Settlement Class:

These lawyers are experienced in handling class action lawsuits, including actions on behalf of insured policyholders.

Class Counsel filed an application for attorneys’ fees and costs of $8,189,000.00 from the available Cash Settlement Benefits, which was approved by the Court.

Class Counsel sought a Service Award for each Class Representative which was approved by the Court. The Service Award is designed to reward the Class Representatives for securing the recovery awarded to members of the Settlement Classes, and to acknowledge the time spent by the Plaintiffs participating in the case and prosecuting the claims for the benefit of the Settlement Classes. GEICO has agreed to pay the Service Awards to the Class Representatives in the amount of $7,500.00 per each Class Representative.

As a part of the Settlement, Class Members agree not to sue GEICO by asserting any claim for payment of sales tax and/or fees. Unless you requested exclusion from the Settlement Class, you gave up the right to individually sue GEICO and claim you are owed Sales Tax and/or Regulatory Fees as part of your Total Loss Claim, even if you did not submit a Claim Form for payment as part of this Settlement. You are not releasing any other claim against GEICO. Full terms of the Released Claims and Released Parties can be found in the proposed Settlement Agreement, available on the "Important Documents" page of this website.

The Final Approval Hearing was held on August 7, 2024, and the Court granted Final Approval of the Settlement. You can view the Court's Order Approving the Settlement, filed on August 7, 2024 on the "Important Documents" page.

If you have any questions about the lawsuit or any matter raised in the Notice, please call toll-free at 1-877-495-1720 or review the documents found on the "Important Documents" page of this website.

You also may contact Class Counsel, whose contact information is available above.