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.”
