Progressive Casualty Insurance v. Evans

Adams, Judge.

Diane Evans was involved in an automobile accident that resulted in a total loss of her car. Evans eventually settled a claim for the loss with her insurance carrier, but the amount she recovered did not include compensation for certain fees purportedly required by regulation. Alleging a systemic failure to pay the fees, Evans brought this class action suit against her carrier and a related company on behalf of all other persons similarly situated. Both companies moved for summary judgment on certain grounds, including that her claim is barred by accord and satisfaction. The…