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McGowan v. Progressive Preferred Ins. Co.

A court-ordered appraisal of the plaintiffs' totaled cars mooted their claims that an appraisal service that their insurers used provided flawed and inaccurate valuations of their vehicles to their insurers.

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Harry McGowan, Dorothy Dasher, and Mary Walker filed separate suits against their respective insurance companies and CCC Information Services, Inc. CCC.1 Although the factual circumstances in each case vary slightly, each insured’s vehicle was a total loss and the insurer paid or offered to pay compensation for that loss. Their suits named CCC as a defendant based upon allegations that CCC had provided flawed and inaccurate valuations of their vehicles to their insurers and that CCC derived its valuation system in a manner that violated Georgia law.2 They alleged that CCC’s methodology for valuing vehicles did not properly and accurately determine the fair market value of their vehicles with the statistical validity required by law, resulting in undervaluing their vehicles. Relying upon that fundamental premise, their claims included fraud in the inducement, breach of contract, and RICO violations, and each complaint sought class action certification. In essence, they alleged that their insurance companies had conspired with CCC to deliberately undervalue their losses. While the three suits were pending, the trial court ordered the enforcement of an appraisal provision in the respective insurance contracts. Each court-ordered appraisal resulted in a valuation greater than that determined by the insurer. Thereafter, Walker, Dasher, and McGowan amended their complaints to raise additional claims. After further review, however, the trial court dismissed each action in its entirety, finding all issues moot, primarily because no claims remained that were independent of the valuation disputes. For the reasons that follow, we affirm.

A05A0726 and A05A1077

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