Superior Court for The State Of Washington Pierce County - Case No. 20-2-05690-7
|Frequently Asked Questions|
You have received this letter (called a “Notice”), and the enclosed Claim Form, because the records
of AMICA show that you were an insured who received payment under your UMPD coverage for property damage
to your insured automobile for an accident occurring between March 23, 2014, and August 27, 2021, and who
meets certain other requirements (set forth in Section 5, below).
The class action suit has been pending since March 23, 2020. It has now been resolved for up to $484,800.00.
If the Settlement is approved, you may be eligible for benefits that will be provided as part of the proposed
Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who
is eligible for them, and how to get them. If you wish to receive money from or comment upon (including
stating any objection to) the Settlement you must do so following the procedures described below. If you do
nothing, you will not receive any money but will bound by the Settlement terms and any final judgment.
The Court in charge of the case is the Pierce County Superior Court, state of Washington, and the case is known
as BRUNSWICK v. AMICA MUTUAL INSURANCE COMPANY, Case No. 20-2-05690-7. The person who
brought this suit is called the Plaintiff.
In the lawsuit, Plaintiff claims that when certain automobiles sustain damage to their structural systems and
bodies, they cannot be fully repaired to their pre-accident condition, causing the vehicles to suffer a loss in
value called “diminished value.” Plaintiff alleges that AMICA failed to pay or pay adequately for this type of
loss under its Washington insurance policies’ UMPD coverage, and that such an alleged failure to pay is a
breach of AMICA’s automobile insurance contracts. AMICA denies that it did anything wrong and contends
that it paid the full and appropriate amounts for diminished value, where applicable, as part of its regular claim
In a class action, one or more people called Class Representatives, sue on behalf of people who have similar
claims. All of these people are part of a “Class.” One court resolves the issues for all Class Members, except for
those who have previously excluded themselves from the Class. Pierce County Superior Court Judge
STEPHANIE A. AREND is presiding over this class action.
After this matter was filed, both sides agreed to a Settlement, which, if approved, brings the litigation to an end.
That way, Plaintiff and the Defendant avoid the cost, delay, and uncertainty of moving forward in litigation to
trial and possible appeals, and the Class Members may get payments. The Class Representative and his
attorneys think the Settlement is best for the Class Members.
You may be eligible to receive money from this Settlement, if you are a Class Member and you submit a valid
You are a member of the Class if the AMICA MUTUAL INSURANCE COMPANY paid to have your insured
vehicle repaired under the UMPD provision of an AMICA MUTUAL INSURANCE COMPANY policy issued
in Washington; and
You are not a part of the Class if, at the time of your accident, (a) your vehicle was leased, (b) your vehicle was
declared a total loss, or (c) your covered accident was before March 23, 2014.
Each Class Member who submits a valid claim form will receive a payment that will depend on his or her
vehicle repair costs. Here’s how it works: each Class Member is entitled to request a payment. For Class
Members who qualify for a payment, that payment will be calculated as the Class Member’s repair cost times
the portion of the Settlement paid to Class Members (i.e., $484,800.00 minus attorneys’ fees and costs and
incentive payments to the Class Representative) divided by the aggregate value of all Class Members’ repair
costs, less any past payments for diminished value to the Class Member. If your vehicle was involved in an
accident before the claim for which you are requesting a payment, the payment you will receive will be reduced
by half. Not everyone who receives this Notice will be eligible for payment. The average payment for qualified
Class Members will likely be in the range of $550 per Class Member, depending on how much, if any, payment
for diminished value the claimant has already received. You can only receive your share of the Settlement if
you submit a Valid Claim Form by March 7, 2022.
To qualify for payment, you must be an eligible Class Member (see Section 5, above) and submit a valid Claim
Form. The Claim Form, which is two pages, is enclosed with this Notice. Read the instructions carefully and, if
you wish to make a claim, fill out the form, sign it, and submit it online, or by mail postmarked by March 7,
2022. If you had two (or more) qualifying accidents, you will receive a Claim Form for each, and will, if you
wish to assert a claim for each, need to submit a Claim Form for each qualifying accident.
The Court will hold a hearing on January 21, 2022, to decide whether to approve the Settlement. If the Court
approves the Settlement, and there are no appeals, we estimate that checks will be mailed around February 20,
2022. You will get your payment after all appeals have been concluded and the Settlement is approved with no
further appeals possible.
We will provide regular updates of the status of the Settlement to all people who submit Claim Forms at
www.AmicaSettlement.com. Please be patient.
If you exclude yourself from the Class by “opting out,” you won’t get any money or benefits from this
Settlement. However, you will retain any right you currently have to make your own claim against AMICA.
To ask to be excluded, you must send a signed letter, stating that you want to be excluded from Brunswick v.
Amica Mutual Insurance Co. Be sure to include your name and address, and sign the letter. You must mail your
Exclusion Request postmarked by December 22, 2021, to: Brunswick v. Amica Mutual Insurance Co., c/o CPT
Group Inc., 50 Corporate Park, Irvine, CA 92606.
The Court has decided that the attorneys bringing this suit are qualified to represent you and all Class Members.
Together these lawyers are called “Class Counsel.” They are experienced in handling similar cases against other
insurers. Class Counsel appointed by the Court are Scott P. Nealey and Stephen M. Hansen. They can be
reached to answer any questions you may have at 415-231-5311 or 253-302-5955, respectively.
Your lawyers’ fees and costs will be determined by the Court and subtracted from the Settlement. Other than
that, you will not be charged for these lawyers’ work in securing the Settlement benefits for you and the other
Class Members. You owe nothing if you participate in the Settlement. If you want to be represented by your
own lawyer, you may hire one at your own expense.
Class Counsel will ask the Court for an award of their attorneys’ fees up to 25% of the common fund, together
with reimbursement of their costs according to the terms of the Stipulation of Settlement. Since even before
filing this lawsuit, Class Counsel have worked continuously on this case, but have not received any money for
that work. The attorneys’ fees and costs, as awarded by the Court, shall be paid from the $484,800.00 available
to the Class Members in this Settlement. In addition, Class Counsel will apply to the Court for a service award
of $7,500.00 for Michael Brunswick. This service award is being requested in recognition of the time, effort,
and risk incurred by the Class Representative in securing this Settlement for you and the other Class Members.
If you’re a Class Member, and you do not exclude yourself, you can – but need not - comment on or object to
the Settlement. You can give reasons why you think the Court should or should not approve it. The Court will
consider your views. To be effective, a notice of intent to object to the Settlement must: (1) Contain a heading
that includes the name of the case and case number; (2) Provide the name, address, telephone number and
signature of the Class Member filing the objection; (3) Be filed with the Clerk of the Court not later than thirty
(30) days before the Final Settlement Hearing; (4) Be served on Class Counsel and counsel for the Defendant at
the addresses below by first-class mail, postmarked no later than thirty (30) days before the Final Settlement
Hearing; (5) Contain the name, address, bar number and telephone number of the objecting Class Member's
counsel, if represented by an attorney. If you are represented by an attorney, you must comply with all
applicable laws and rules for filing pleadings and documents in the Court; and State whether you intend to
appear at the Final Settlement Hearing, either in person or through counsel. In addition to the foregoing, a
notice of intent to object must contain the following information, if you or your attorney request permission to
speak at the Final Settlement Hearing: (1) A detailed statement of the specific legal and factual basis for each
and every objection; and (2) A detailed description of any and all evidence you may offer at the Final
Settlement Hearing, including photocopies of any and all exhibits which you may introduce at the Final
|Any comments or objections which do not comply with the above or are not timely served on both counsels will not be considered by the Court.|
The Court will hold a Final Settlement Hearing at 9:30 a.m. on January 21, 2022 at the Pierce County Superior
Court, 930 Tacoma Ave. S., Tacoma, WA 98402. At this hearing, the Court will consider whether the
Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge
STEPHANIE A. AREND will, if the requisite notice of intent to appear and speak is filed, listen to anyone at
the hearing who asks to speak, and if objections were timely served, she will consider them. The Court will also
decide how much to pay Class Counsel and the Class Representative. The Final Settlement Hearing may be
postponed without further notice to the Class.
No. Counsel will answer questions the Judge may have. But you are welcome to come at your own expense. If
you send a comment (including an objection), you don’t have to come to Court to talk about it. As long as you
mail it on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
You may ask the Court for permission to speak at the Final Settlement Hearing. To do so, you must send a letter
to both lawyers listed in Section 12, above, saying that it is your “Notice of Intention to Appear at the Final
Settlement Hearing in Brunswick v. Amica Mutual Insurance Co.”. You must include your name, address,
telephone number, and signature. Your Notice of Intention to Appear must be postmarked by December 22,
2021. You cannot speak at the hearing if you previously opted out of the Class, because the case no longer
If you do nothing, you will get no money from this Settlement. To receive a payment, you must submit a
qualifying claim form.
This Notice summarizes the proposed Settlement. More details are in the Stipulation of Settlement. You can
view and print a copy of the Stipulation of Settlement and other information about the lawsuit by visiting
www.AmicaSettlement.com, where you will find answers to common questions about the Settlement, and other
information to help you determine whether you are a Class Member and whether you are eligible for a payment.
The website will also have instructions for filling out, and submitting, your Claim Form online.
Please do not call the Court, the Court clerk’s office, or Commerce West Insurance Company or its lawyers to
inquire about this Settlement. They will be unable to help you.