The lawsuit originally advanced several theories, including allegations that Progressive violated the Illinois Consumer Fraud and Deceptive Business Practices Act, breached its contracts with policyholders, and breached its implied duty of good faith and fair dealing. But by the time the case reached the class certification stage, the Court had already struck down most of those theories. Earlier in the lawsuit, the court rejected claims that Progressive misrepresented estimated sales adjustments and that this violated the Illinois total-loss regulation, giving the plaintiffs a chance to cure the deficiencies. They didn’t. The court also barred the plaintiffs from reviving the regulatory breach theory for their breach of contract claims, because they had clearly told the court in earlier filings that those claims had nothing to do with the regulation. When the plaintiffs later tried to reverse that position, the Court closed the door, noting that allowing the move so late would place an undue burden on Progressive, which had already completed discovery without reason to address that issue.
Progressive survives class action over total-loss vehicle valuation method & more related News Here
