Angell v. GEICO Advantage Insurance Co.
The Fifth Circuit affirmed class certification against an auto insurer for alleged failures to pay total loss purchase fees, holding that because the Texas Prompt Payment of Claims Act is a strict liability statute, a finding that the insurer made a timely actual cash value payment that is reasonable or 'roughly corresponds' to the amount ultimately owed on any class member's claim would not lead to varied judgments of whether the insurer complied with the TPPCA across class members and that the failure of the insurer to pay any one of the three purchasing fees (registration fees, title costs, or sales tax) amounts to the same harm, namely a breach of the policies.
private passenger auto policy, auto physical damage policy, putative class, class certification, standing, automobile insurers, actual cash value, Texas Prompt Payment of Claims Act, TPPCA; representational standing; typicality requirement, predominance requirement, "standing approach", "class certification approach"
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