FOLLOW US

America November 1, 2022 5 mins read

Geico Loses Bid to Toss Class Action Lawsuit in Covid Rebate Suit

America ı By Samuel Lopez

0 Comments

covid lockdown

This is the case of Day v. Geico Casualty Co. et al., in the U.S. District Court for the Northern District of California.

This lawsuit concerns a premium credit program that was run by Defendants GEICO Casualty Company, GEICO General Insurance Company, and GEICO Indemnity Company (“GEICO”).

The plaintiff alleges that at the beginning of the COVID-19 pandemic in April 2020, GEICO announced their “GEICO Giveback” program that provided a 15% discount on new and renewed insurance policies.

According to the record, Plaintiff Jessica Day accuses GEICO of engaging in unfair business practices by failing to provide additional refunds even though fewer claims were being reported as a result of fewer miles driven and fewer vehicle accidents.

Relevant Factual and Procedural Background

The plaintiff moved to certify a class including “[a]ll California residents who purchased automobile, motorcycle, or RV insurance from GEICO covering any portion of the time period from March 1, 2020, to the present.”

Geico, who is represented by Damon N. Vocke, Ronald M. Lepinskas, and Daniel B. Heidtke of Duane Morris LLP, opposed class certification claiming it was improper.

On Monday, A federal judge in San Jose, Ca. ruled that the suit can proceed as a class action, finding that the two-million policyholders' claims are worthy of class treatment.

The order of Judge Beth Labson Freeman of the U.S. District, states that the class shall include any California resident who has a Geico personal auto, motorcycle, or RV policy covering any period since March 2020.

Judge Freeman also said that the plaintiff had pointed to common questions of law and fact and had proposed a damages model that is capable of accurately calculating damages to the class members.

Geico’s Argument Against Class Certification

Counsel for Geico vehemently argued that a class lawsuit would be unmanageable because of the many differences among policyholders and the complexities of the Plaintiff’s damages model, as well as issues of timing.

Judge Freeman did not agree, instead stating in her order, that the damages model already accounts for the differences Geico cites, and if timing becomes an issue in the future, Geico could request decertification at that time.

The judge also pointed out that Day had identified questions of law or fact that are common to the class, and those questions include whether Geico had a general policy or business practice of overcharging rates that were not based on an accurate risk assessment and whether it was routine for the insurer to fail to provide adequate refunds to its policyholders.

According to the record, Plaintiff Day alleges that Geico uniformly began a one-time 15% premium credit to policyholders without taking into consideration individual circumstances, such as driving habits. Day also alleges unfair business practices and a breach of the covenant of good faith and fair dealing.

In March 2021, Day filed her lawsuit accusing Geico of "unfairly profiting" from premiums they received during the pandemic, particularly during the time mandatory lockdowns were in place and there were fewer drivers on the roads.

According to the complaint, in April 2020, the number of miles that Californians traveled decreased by as much as 77%. Day cited to a joint report from the Consumer Federation of America and the Center for Economic Justice which found that a minimum 30% premium refund would have been the appropriate percentage during the pandemic's first six weeks alone.

Day also cited to a March 2021 report from the California Department of Insurance which found that insurers should have returned or rebated 17% of premiums earned between March and September 2020 to policyholders due to decreased road risks during the statewide lockdown orders.

Geico Failed to Provide Adequate Refunds to 2M Policyholders

Although Geico did provide a 15% rebate for new policyholders or renewing policies during a certain time frame, Day argues that the insurer should have provided more of its windfall profits, to its customers.

Given the nature of the claims in Day’s complaint, the judge said a class action would be better than 2M individual lawsuits on the same issue.

Day Appointed Class Representative

Day asked for class certification in May. On Monday, Judge Freeman appointed Day as class representative and her attorneys with Nichols Kaster PLLP, Stephan Zouras LLP and Poulin Willey Anastopoulo LLC as class counsel.

In her order, Judge Freeman noted "Plaintiff also points to common evidence to prove these claims, including proof that Geico recognized the need to provide relief; evidence of the parameters of the Geico Giveback program; evidence of how the Giveback was applied uniformly to class members; and evidence addressing whether the Giveback was sufficient to remedy excessive premiums paid in light of the pandemic."

Conclusion

The Court certified that all California residents who purchased automobile, motorcycle, or RV insurance from Geico covering any portion of the time period from March 1, 2020, to the present, shall be members of the class.

Previous Article

Cosmetics Store Sues Insurer for Denying Hurricane Ida Coverage

Read More
1808 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 14, 2026
IRS Micro Captive Rules Face Sixth…

Some legal battles don’t end with a single ruling —…

By – Rihem Akkouche
America September 14, 2026
EPA Planet Warming Limits Removal Sparks…

Regulations built over years can sometimes be dismantled in a…

By – Tyler Brooks
America September 14, 2026
Thryv to Sell Print Directories, Betting…

Every company reaches a fork in the road where its…

By – Tyler Brooks
America September 14, 2026
Zurich Beazley Takeover Clears Regulatory Hurdle…

Multibillion-dollar takeovers rarely move in a straight line — they…

By – Rihem Akkouche
America September 14, 2026
AirBaltic Filed for Chapter 11 as…

Airlines are built to weather turbulence in the sky —…

By – Tyler Brooks
America September 14, 2026
BloodHound Q50 Killing Exposes Chaotic Ambush…

A gas station at 4 a.m. is usually just a…

By – Tyler Brooks
America September 14, 2026
BloodHound Q50 Killing Exposes Chaotic Ambush…

A gas station at 4 a.m. is usually just a…

By – Tyler Brooks
America September 14, 2026
US Borrowing Costs Hits 5% as…

Numbers on a bond yield chart rarely feel dramatic —…

By – Tyler Brooks
America September 14, 2026
Bamboo Insurance IPO Eyes $3.24 Billion…

Not every company waits for perfect conditions to make its…

By – Rihem Akkouche
America September 14, 2026
Abbott $384M Settlement Closes Chapter on…

Few products carry higher stakes than the formula parents feed…

By – Rihem Akkouche
America September 14, 2026
Bob Mackie Death Ends an Era…

For more than five decades, one man decided what glamour…

By – Rihem Akkouche
America September 14, 2026
Department of War Waives UAP NDA…

Key Takeaways The Department of War has authorized current and…

By – Samuel Lopez
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate…

Sydney Sweeney celebrated her 29th birthday with a public declaration…

By – Jackie Allen
America September 13, 2026
AI Whistleblowers:  Warnings  Coming From Inside…

AI Whistleblowers are increasingly sounding the alarm about the speed…

By – Jackie Allen
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
KJ Biermann Faces Seven Felony Charges…

KJ Biermann, the 15-year-old son of “Real Housewives of Atlanta”…

By – Jackie Allen
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 13, 2026
In-House Attorneys’ Group Takes Rival to…

Key Takeaways The Association of Corporate Counsel has filed suit…

By – Samuel Lopez
America September 13, 2026
China Expands Legal Reach Abroad as…

3 Key Takeaways China is expanding laws that can reach…

By – Samuel Lopez
America September 13, 2026
Bayer’s $7.25 Billion Roundup Settlement Faces…

Key Takeaways Bayer’s Monsanto unit will ask a Missouri judge…

By – Samuel Lopez
America September 13, 2026
Tylenol Maker and Pharmacy Chains Ask…

By Samuel López | USA Herald Tylenol maker Kenvue and…

By – Samuel Lopez
America September 13, 2026
DOJ Uses Alien Terrorist Removal Court…

Key Takeaways The Justice Department has completed the first removal in…

By – Samuel Lopez
America September 13, 2026
Federal Judge Stays Discovery In Lawsuit…

Key Takeaways A federal magistrate judge stayed discovery while the…

By – Samuel Lopez
America September 13, 2026
Court Finds First Amendment Violation in…

Key Takeaways The Superior Court found that unexplained sealing violated…

By – Samuel Lopez
America September 13, 2026
Lawyers Are Getting Burned by AI…

Key Takeaways Courts across the country have been sanctioning lawyers…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
America September 10, 2026
Anthropic Says It Caught Scientists Trying…

Key Takeaways Anthropic’s newest threat intelligence report details five case…

By – Samuel Lopez
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 9, 2026
Ambient AI Could Be the Next…

Key Takeaways Ambient AI can turn conversations into draft records,…

By – Samuel Lopez
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter