Doyle v Pekin Insurance Company

The name of the consolidated lawsuit is Taylor Doyle v. Pekin Insurance Company, and it is pending in the United States District Court for the District of Arizona (Case No. 2:22-CV-00638-PHX-JJT). Plaintiff’s legal claims arise out of how Pekin paid its insureds for uninsured and underinsured (“UM/UIM”) motorist claims.

Arizona law requires an insurer to (1) include policy language that disavows the possibility of stacking and (2) provide timely written notice to its insureds that they have the right to select one policy or coverage when they are making a UM/UIM claim. If the insurer does not include the required policy language and provide the required notice, insureds making a UM/UIM claim are entitled to recover up to the policy limits for each vehicle insured, that is, “stack” their insurance coverage. Plaintiff alleges Pekin failed to include the required policy language and provide the required notice to Class Members and was therefore required to stack their insureds’ UM/UIM coverage. Plaintiff asserts legal claims against Pekin for breach of contract and breach of the covenant of good faith and fair dealing.

You can read Plaintiff’s Second Amended Class Action Complaint here.

Pekin denies that it did anything wrong. The Court has not found that Pekin did anything wrong.

You can read a copy of Pekin’s Answer to the Second Amended Complaint here.

In a class action lawsuit, one or more people called the “plaintiff” or “plaintiffs” sue on behalf of other people who have similar claims, called the “class members.” The Court appoints the plaintiff to serve as “class representative.” For the purposes of a class action lawsuit, one court will resolve the issues for all class members, except for those people who properly exclude themselves from the lawsuit, as described in Section 13 below.

The Court did not decide in favor of Plaintiff or Pekin. Plaintiff believes that had the Court made a decision, she may have won at trial and possibly obtained a greater recovery. Pekin believes that had the Court made a decision, Plaintiff would not have won at a trial and that Plaintiff would have recovered nothing against it. Litigation involves risks to both sides, and Plaintiff and Pekin have agreed to the Settlement. The Settlement requires Pekin to pay money (as set forth in the Settlement Agreement). Plaintiff and her attorneys believe the Settlement is in the best interests of all Class Members.

You may read the full Settlement Agreement here.

The Court has decided that, unless you submit a valid and timely request to be excluded, you are a member of the Settlement Class based on Pekin’s records. The “Settlement Class” includes all persons identified in Exhibit A to the Settlement Agreement and who do not timely elect to be excluded from the Settlement Class, which roughly includes all persons (a) insured under a policy issued by Defendant in Arizona that contained the UM Endorsement or UIM Endorsement and provided UM Coverage or UIM Coverage for more than one motor vehicle; (b) who made a claim for UM Coverage or UIM Coverage during the Class Period; and (c) who (i) received a claim payment equal to the limit of liability for the UM or UIM benefits for one vehicle, or (ii) who were one of multiple claimants in a claim related to a single incident, where the aggregate total paid on the claim was equal to the per-incident limit of liability for the UM Coverage or UIM Coverage for one vehicle. The Class Period means April 18, 2016, to November 4, 2024.

If you are still not sure whether you are included in the Settlement, you can get free help by calling or writing to the lawyers in this case at the phone number or address listed in Section 16 below.

If the Settlement is approved, Pekin will pay $12,450,000.00, minus any reductions made if anyone excludes themselves (see Section 12 below) from the Settlement Class (the “Settlement Fund”). This Settlement will resolve all Class Members’ legal claims against Pekin for the Released Claims (as defined in the Settlement Agreement).

No money will be distributed until the Court grants final approval of the Settlement Agreement. A portion of the Settlement Fund will be used by the Settlement Administrator for notice and administration costs. Additionally, Class Counsel may request that the Court award attorneys’ fees and litigation expenses to Class Counsel, as well as award a service award to the Class Representative. For additional details, see Sections 17–18 below.

The portion of the Settlement Fund that remains after payment of the Settlement Administrator’s notice and administration costs and Court-ordered attorneys’ fees and litigation costs will be distributed to the Settlement Class. The portion of the Settlement Fund that remains after payment of the administration expenses and Court-ordered attorneys’ fees, litigation expenses, and service award will be distributed to Class Members in accordance with the Court-approved allocation (see Sections 9 and 10 below).

If you are Class Member and you stay in the Settlement Class, a payment will be sent to you automatically once the Settlement is approved. You do not need to do anything to receive a payment.

After the administration expenses and Court-ordered attorneys’ fees and litigation expenses are deducted from the Settlement Fund, the remaining funds will be allocated to the Class Members in proportion to each Class Member’s available UM/UIM coverage and their individual damages (the “Claim Value”).

Your estimated Claim Value is estimated assuming certain costs and fees are awarded by the Court. Your final payment may vary slightly depending on the amount of administration costs, as well as attorneys’ fees and litigation costs approved by the Court. A final calculation cannot be made until after the Final Fairness Hearing.

If you have questions about how your portion of the Settlement Fund was allocated, contact Class Counsel (see Section 16 below).

You do not have to do anything to stay in the Settlement Class. By doing nothing, you will get a payment for your share of the Settlement, as outlined above. By staying in the Settlement Class, you give up your right to separately sue Pekin for the same legal claims in this lawsuit. By staying in the Settlement Class, you will also be legally bound by all the orders the Court issues and the judgment the Court makes in this lawsuit.

You can exclude yourself from (or “opt out” of) the Settlement Class by sending a letter by mail to the Settlement Administrator. The exclusion letter must include the following:

1. Your full name, address, and email;
2. The name of this case: Taylor Doyle v. Pekin Insurance Company, Case No. 2:22-CV-00638-PHX-JJT; and
3. A clear statement that you want to be excluded from the Settlement Class.

You must sign and date your exclusion letter, and it must be received by August 12, 2025. Mail your exclusion letter to:

Taylor Doyle v. Pekin Insurance Company
Exclusion Request
PO Box 2777
Portland, OR 97208-2777

If you exclude yourself from the Settlement Class, you won’t get any money from the Settlement Fund. You will not be bound by the Settlement Agreement or the judgment the Court makes in this lawsuit. By excluding yourself, you will retain any right you may have to sue Pekin about the legal claims alleged in this lawsuit at your own expense.

If you are a Class Member and have not excluded yourself from the Settlement Class, you can object to the Settlement—ask the Court to deny approval of the Settlement Agreement by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or deny the Settlement. If the Court denies approval, no settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you must object.

Any objection to the Settlement must be made in writing and must include the following information:

1. Your full name, address, telephone number, and email address and, if represented by an attorney, your attorney’s full name, address, telephone number, and email address;
2. The name and number of the case: Taylor Doyle v. Pekin Insurance Company, Case No. 2:22-CV-00638-PHX-JJT;
3. Whether the objection applies only to you (the “Objector”), to a specific subset of the Settlement Class, or to the entire Settlement Class; and
4. The specific the grounds for each objection you are asserting, including a description of the legal authorities and factual basis that support the objection.

If you file a timely written objection, you may, but are not required to, appear at the Final Fairness Hearing, either in person or through your own attorney. If you choose to appear through your own attorney, you are responsible for hiring and paying that attorney.

All written objections and supporting papers must (a) be submitted to the Court by mailing them to the Clerk of the Court, United States District Court for the District of Arizona—with a copy mailed to Class Counsel at the address listed below—by filing them in person at any location of the United States District Court for the District of Arizona, or by filing them through the Court’s Public Access to Court Electronic Records (PACER) system at https://pacer.uscourts.gov; and (b) be filed or received on or before August 12, 2025, no later than 11:59 p.m. Arizona Time.

Objecting is telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class or the lawsuit. If you exclude yourself, you cannot object to the Settlement because the Settlement no longer affects you.

The Court has appointed Plaintiff Taylor Doyle as the Class Representative and the following lawyer and law firm as “Class Counsel” to represent you and other Class Members:

Robert B. Carey
Hagens Berman Sobol Shapiro LLP
11 W. Jefferson Street, Suite 1000
Phoenix, AZ 85003

You may contact Class Counsel by writing to the address above, sending an email to stacking@hbsslaw.com, or calling (602) 840-5900.

At the Final Fairness Hearing, Class Counsel will ask the Court for attorneys’ fees based on their services in this litigation, not to exceed 30% of the Settlement Fund, and may ask to be reimbursed for up to $30,000 in current and ongoing litigation expenses. Any payment to Class Counsel will be subject to Court approval, and the Court may award less than the requested amount. Class Counsel will file that request at least thirty days before the objection deadline. A copy of the motion will be posted on the settlement website here. You will have an opportunity to comment on this request if you would like.

At the Final Fairness Hearing, Class Counsel will ask the Court for a service award for Plaintiff serving as the Class Representative. That service award will not exceed $7,500 for the Class Representative.

You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. If you hire your own lawyer, you can ask them to appear in court for you if you want someone other than Class Counsel to speak for you.

The Court will hold a Final Fairness Hearing to decide whether to approve the Settlement. You may attend, and you may ask to speak, but you don’t have to. The Court will hold the hearing on September 11, 2025, at 9:30 a.m., at the United States District Court for the District of Arizona, Courtroom 525, 401 W. Washington Street, Phoenix, AZ 85003 (or on another date, which may be posted on the Court’s public website). At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. You may attend, and you may ask to speak, if you make a request, as instructed in Section 22, but you don’t have to. The Court will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The Court may also move the Final Fairness Hearing to a later date without providing additional notice to the Settlement Class.

You do not need to attend the hearing. Class Counsel will answer any questions the Court may have. If you send an objection, you do not have to go to court to talk about it. As long as the Court receives your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary. You or your own lawyer is welcome to come at your own expense.

You may ask to speak at the Final Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Taylor Doyle v. Pekin Insurance Company, Case No. 2:22-CV-00638-PHX-JJT.” Be sure to include your name, current mailing address, telephone number, and signature. Your Notice of Intention to Appear must be received no later than August 12, 2025, and it must be sent to the Clerk of the Court and Class Counsel. The address for the Clerk of the Court is 401 W. Washington Street, Phoenix, AZ 85003. The address for Class Counsel is provided in Section 16. You cannot ask to speak at the hearing if you excluded yourself from the Settlement Class.

For the precise terms and conditions of the Settlement, please see the Settlement Agreement available here , by contacting Class Counsel (see Section 16), by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://pacer.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the District of Arizona, 401 W. Washington Street, Suite 130, Phoenix, AZ 85003, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

PLEASE DO NOT CONTACT THE COURT ABOUT THIS SETTLEMENT.