Case Number: No. 00-C-37

Practice Area: Consumer Protection Insurance & Financial Products

Case Status: Settled

Settlement Amount: $75 million

Court: United States District Court for the West Virginia Circuit Court, Roane County

Berger Montague served as co-lead counsel and obtained a $75 million plus settlement against Nationwide Mutual Insurance Company on behalf of current and former West Virginia automobile insurance policyholders. The lawsuit centered on Nationwide’s failure, dating back to 1993, to offer policyholders the ability to purchase statutorily-required optional levels of underinsured (“UIM”) and uninsured (“UM”) motorist coverage in accordance with West Virginia Code 33-6-31. The case was litigated in the West Virginia Circuit Court, Roane County and captioned Nationwide Mutual Insurance Company v. O’Dell, Case No. 00-C-37.

Led by Berger Montague, the court certified a trial class seeking monetary damages, alleging that the failure to offer these optional levels of coverage, and the failure to provide increased first party benefits to personal injury claimants, breached Nationwide’s insurance policies and its duty of good faith and fair dealing, and violated the West Virginia Unfair Trade Practices Act. On June 25, 2009, the court issued final approval of the settlement reached by the parties that provided a minimum estimated value of $75 million to Nationwide auto policyholders and their passengers who were injured in an accident or who suffered property damage.

If you have been the victim of consumer fraud or deceptive business practices, or believe that a company has breached its contract with you or breached its duty of good faith and fair dealing, please contact Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

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