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

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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.