Michael Thoren, et al. v. Alliance United Insurance Company, et al.,
Case No. 37-2015-00020223-CU-BT-CTL
Plaintiffs Michael and Loralee Thoren filed a lawsuit in Superior Court for San Diego County alleging that certain Renewal Billing Fees charged by Alliance United Insurance Company constitute "premium" under California Insurance Code § 381, and allegedly were not disclosed properly in the Policy. The Lawsuit is styled as Michael Thoren, et al. v. Alliance United Insurance Company, et al., Case No. 37-2015-00020223-CU-BT-CTL. Renewal Billing Fees are those paid at the beginning of a new policy term by Class Members who renewed their insurance Policy, and who paid their premium in full.
Alliance United Insurance Company and Alliance United Insurance Services (collectively, “Alliance”) denies any liability, wrongdoing, or damages. Plaintiffs and Alliance agree that it is desirable that this Lawsuit be settled.Back To Top
If you received a Class Notice in the mail, the records of Alliance show that you are a potential Class Member. The Class is composed of all policyholders of Alliance United Insurance Company who paid their premium in full when renewing their Policy, and who paid one or more Renewal Billing Fees from June 16, 2011 to December 27, 2015.
If you did not receive a Class Notice you can review and download a copy here.Back To Top
The Class consists of all policyholders of Alliance United Insurance Company who paid their premium in full when renewing their Policy, and who paid one or more Renewal Billing Fees during the Class Period. Notwithstanding the foregoing, the following persons shall be excluded from the Class: (i) any present or former officers and/or directors of Alliance; and (ii) any person who makes a timely election to be excluded from the proposed Class. Persons who timely elect to be excluded from the proposed Class shall be excluded with respect to all Policies under which they would otherwise be eligible for a Settlement Check. Additionally, if any holder of a jointly-held Policy makes a timely election to be excluded from the Class, then all joint policyholders on the Policy will be excluded.Back To Top
If approved by the Court, Class Members who submit a valid Claim Form by March 20, 2017 will receive, for each Policy held during the Class Period, 85% of the first Renewal Billing Fee they paid, 40% of the second Renewal Billing Fee they paid (if applicable), and 23% of any subsequent Renewal Billing Fees they paid (if applicable). During the Class Period, Renewal Billing Fees ranged from $8.00 to $15.00. Example payment calculation:
|Fee Type||Fee Amount||Percent||Total|
|First Renewal Billing Fee||$15.00||x 0.85||$12.75|
|Second Renewal Billing Fee||$15.00||x 0.40||$6.00|
|Subsequent Renewal Billing Fees||$30.00||x 0.23||$6.90|
The Claim Form you received with the Class Notice, tells you how much you paid in Renewal Billing Fees, so you can see much you may receive under the Settlement. If you have lost, misplaced, or did not receive a Claim Form or Class Notice, please contact the Settlement Administrator.Back To Top
If you want to participate in the Settlement, you must complete and Submit a vaild Claim Form via this website, or complete and mail the Claim Form you received with the Class Notice to:
P.O. Box 4153
Portland, OR 97208-4153
Claim Forms must be electronically submitted or postmarked by March 20, 2017.
If you are a Class Member and you complete and submit a Claim Form, then you will receive a payment if the Court approves the Settlement and it becomes effective.
You will give up any rights you may currently have to sue Alliance for the claims in this Lawsuit.Back To Top
If you timely elect to be excluded from the proposed Class, you shall be excluded with respect to all Policies which would otherwise be eligible for a Settlement Check. Additionally, if any holder of a jointly-held Policy makes a timely election to be excluded from the Class, then all joint policyholders on the Policy will be excluded.
If you want to be excluded from the Settlement, you must complete a Request for Exclusion via this website, or mail a Request for Exclusion to:
P.O. Box 4153
Portland, OR 97208-4153
Note: If you are mailing a Request for Exclusion, please include the following:
Requests for Exclusion must be electronically submitted or postmarked by February 2, 2017.
If you complete and submit a Request for Exclusion, you will not receive any payment as part of this Settlement; however, you will retain any rights you may currently have to sue Alliance for the claims in this Lawsuit.Back To Top
To object, you must send a letter stating that you object to the Settlement. Your objection must include:
The objection must be filed with the Court and served on Alliance’s Counsel and Class Counsel at the addresses provided below, by February 2, 2017.
|Court||Address for Alliance’s Counsel||Address for Class Counsel|
|Superior Court for the State of California
County of San Diego
330 W Broadway
San Diego, CA 92101
Dentons US LLP
4655 Executive Drive
San Diego, CA 92121
Dentons US LLP
233 South Wacker Drive
Chicago, IL 60606
|Vincent J. Bartolotta, Jr.
Thorsnes Bartolotta McGuire LLP
2550 Fifth Avenue
San Diego, CA 92103
If you do nothing, you will not receive any payment and you will give up any rights you may currently have to sue Alliance for the claims in this Lawsuit.Back To Top
If you have already sent in a Claim Form and wish to update your address please email firstname.lastname@example.org, or write to Thoren Settlement, Settlement Administrator, P.O. Box 4153, Portland, OR, 97208-4153, with your full name, prior address, current address, and phone number or email address. The Settlement Administrator will respond with a confirmation of the address update, or with a request for additional information.Back To Top
The Court will hold a Final Approval Hearing on February 17, 2017 at 8:30 a.m. in Department C-62 of the Superior Court for the State of California, County of San Diego, located at 330 W. Broadway, San Diego, CA 92101, to decide, among other things:
If these fees and awards are approved by the Court, they will be paid by Alliance. You will not owe any money for these fees or awards.
You may appear at the hearing, but you are not required to appear. You may hire an attorney to appear for you, at your own expense.Back To Top
You may have received separate Claim Forms in the mail, each of which has a different Unique Identifier listed at the top of the Claim Form. If you did, you must submit a separate Claim Form for each Unique Identifier in order to be eligible for payment on all of your Policy(ies).Back To Top