Buffington v. Progressive Advanced Ins. Co.

Class Certified in Suit Over Insurer's ACV Payments' Failure to Include State Sales Taxes

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MEMORANDUM OPINION AND ORDER Steven Buffington (“Plaintiff”), individually and on behalf of all others similarly situated, brings this action against Progressive Advanced Insurance Company (“Defendant”) for allegedly underpaying the “actual cash value” (“ACV”) of total-loss vehicles to policyholders by omitting sales tax from the calculation thereof. (Doc. 44, “Am. Compl.” 1). Plaintiff initially brought three claims for relief: (i) breach of contract; (ii) violation of New York General Business Law (“NYGBL”) §349; and (iii) unjust enrichment. (See generally, id.). Plaintiff thereafter voluntarily withdrew his unjust enrichment claim with prejudice. (Doc. 79). Plaintiff moved, on September 2, 2021, to certify a class under Federal Rule of Civil Procedure 23(b)(3). (Doc. 59; Doc. 60, “Pl. Br.”). The “Proposed Class” is defined as: [a]ll persons: (a) who insured a vehicle for physical damage coverage under a New York automobile insurance policy issued by Progressive Advanced Insurance Company, (b) who made a claim under the policy for physical damage to the vehicle, (c) whose claim was adjusted as a total loss between September 10, 2014, and the date of certification of the Class, and (d) who were not paid the applicable New York sales tax owed for their total-loss claim. (Doc. 59 at 1). Plaintiff also seeks appointment as class representative and appointment of his attorneys as class counsel. (Id.). Defendant opposed Plaintiff’s motion on October 11, 2021 (Doc. 67, “Opp. Br.”), and the motion was fully submitted upon the filing of Plaintiff’s reply papers on November 10, 2021 (Doc. 75, “Reply”).¹ For the reasons set forth below, the motion is GRANTED. BACKGROUND² Plaintiff was a named insured under an automobile policy issued for comprehensive and collision coverage issued by Defendant (the “Policy”). (Am. Compl. at 1; id., Ex. A, “Policy”). Plaintiff insured a vehicle he leased, a 2016 Toyota Sienna minivan (the “Insured Vehicle”), under the Policy. (Id.

Buffington v. Progressive Advanced Ins. Co.

Class Certified in Suit Over Insurer's ACV Payments' Failure to Include State Sales Taxes

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