Question 1

Why was the Notice issued?

Accepted Answer

A Court authorized the Notice
[https://angeion-public.s3.amazonaws.com/www.hernandezdepreciationsettlement.com/docs/Notice+of+Class+Action+Settlement.pdf]
because you have a right to know about the Proposed Settlement of this class
action, including the right to claim money, and about your options regarding
this Settlement, before the Court decides whether to give final approval to the
Settlement. If the Court approves the parties’ Class Action Stipulation and
Settlement Agreement
[https://angeion-public.s3.amazonaws.com/www.hernandezdepreciationsettlement.com/docs/Class+Action+Stipulation+and+Settlement+Agreement.pdf]
(“Agreement”), and if any appeals are resolved in favor of the Settlement, then
payments will be made to those who qualify and timely submit a valid Claim Form
[http://www.hernandezdepreciationsettlement.com/submit-claim]. The Notice
[https://angeion-public.s3.amazonaws.com/www.hernandezdepreciationsettlement.com/docs/Notice+of+Class+Action+Settlement.pdf]
explains this Action, the Settlement, your legal rights, what benefits are
available, who may be eligible for them, and how to get them.

The Arizona Superior Court for the County of Mohave is overseeing this class
action. The case is known as Hernandez v. Allstate Vehicle and Property Ins.
Co., No. CV-2026 00048. The person who sued is called the “Plaintiff,” and the
company she sued is called the “Defendant.”

Question 2

What is this lawsuit about?

Accepted Answer

The lawsuit claims that Allstate improperly deducted Nonmaterial Depreciation
when adjusting some Arizona Structural Loss claims under Arizona property
insurance policies.

Allstate has denied all allegations that it acted wrongfully or unlawfully.

Question 3

Why is this a class action?

Accepted Answer

In a class action, one or more people called a Representative Plaintiff (in this
case Lillie Hernandez) sue on behalf of people who have similar claims. All
these people are “Class Members.” One court resolves the issues for all Class
Members, except for those who exclude themselves from the class.

Question 4

Why is there a Settlement?

Accepted Answer

The Court did not decide in favor of the Plaintiff or Defendant and has not
found that Allstate did anything wrong. Instead, both sides agreed to settle. By
settling, the parties avoid the cost of a trial and potentially an appeal, and
the people who qualify will get compensation. The Representative Plaintiff and
her attorneys think the Settlement is best for all Class Members. The Settlement
does not mean that Allstate did anything wrong, no trial has occurred, and no
merits determinations have been made.

Question 5

How do I know if I am part of the Settlement?

Accepted Answer

If you received the Notice
[https://angeion-public.s3.amazonaws.com/www.hernandezdepreciationsettlement.com/docs/Notice+of+Class+Action+Settlement.pdf],
then you have been identified as someone who is likely a Class Member. The
Settlement Class includes: all policyholders, except for those listed in the
Exclusions below, under any property insurance policy issued by Allstate, who
made: (i) a Structural Loss claim for property located in the State of Arizona
during the Class Period; (ii) where Allstate issued payment based on an
Xactimate® estimate; and (iii) that resulted in an ACV Payment from which
Nonmaterial Depreciation was withheld.

“ACV Payment” is calculated by estimating the replacement cost value of the
covered damage for a Structural Loss claim and subtracting the estimated
Depreciation, including Nonmaterial Depreciation, and any applicable deductible.

“Class Period” means April 25, 2017, through October 1, 2026, and is determined
by the date of the initial ACV Payment.

“Nonmaterial Depreciation” means application of either the “depreciate removal,”
“depreciate non-material” and/or “depreciate O&P” option settings within
Xactimate® software or similar depreciation option settings in competing
commercial software programs.

“Structural Loss” means physical damage to a home, building, manufactured home,
condo, rental dwelling, or other structure in Arizona while covered by a
property insurance policy issued by Allstate.

FAQ

Basic Information

Who is in the Settlement

The Settlement Benefits - What you get if you qualify

How to get a payment - Submitting a Claim Form

Excluding Yourself from the Settlement

The Lawyers Representing You

Objecting to the Settlement

The Court's Final Approval Hearing

If you do Nothing

Getting more Information

Basic Information

1. Why was the Notice issued?

2. What is this lawsuit about?

3. Why is this a class action?

4. Why is there a Settlement?

Who is in the Settlement

5. How do I know if I am part of the Settlement?

6. Are there exceptions to being included?

7. I am still not sure I am included?

The Settlement Benefits - What you get if you qualify

8. How much will payments be?

How to get a payment - Submitting a Claim Form

9. How can I get a payment?

10. When will I get my payment?

11. What am I giving up to get a payment or stay in the class?

Excluding Yourself from the Settlement

12. How do I get out of the Settlement?

13. If I do not exclude myself, can I sue Allstate for the same thing later?

14. If I exclude myself, can I get a payment from this Settlement?

The Lawyers Representing You

15. Do I have a lawyer in this case?

16. How will the lawyers be paid?

Objecting to the Settlement

17. How do I tell the Court if I do not agree with the Settlement?

18. What is the difference between objecting and asking to be excluded?

The Court's Final Approval Hearing

19. When and where will the Court decide whether to approve the Settlement?

20. Do I have to come to the hearing?

21. May I speak at the hearing?

If you do Nothing

22. What happens if I do nothing at all?

Getting more Information

23. How do I get more information about the Settlement?