18 Fla. L. Weekly Supp. 290b
Online Reference: FLWSUPP 1802STIN
Insurance — Class action — Settlement agreement approved
ALBERT STINSON, et al., individually and on behalf of all other similarly situated, Plaintiffs, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. Circuit Court, 11th Judicial Court in and for Miami-Dade County, General Jurisdiction Division. Case No. 95-24034 CA 01. October 19, 2010. William Thomas, Judge.
FINAL ORDER AND JUDGMENT APPROVINGSETTLEMENT AGREEMENT
1. THIS CAUSE having come before the Court on August 11, 2010, October 15, 2010 and October 18, 2010 for entry of a final judgment and order approving the parties’ proposed Settlement Agreement, and the Court having reviewed and preliminarily approved the Settlement Agreement on December 1, 2009, having been advised as to the parties’ mutual agreement upon the relief provided for therein, and being otherwise duly advised in the premises, the Court hereby FINDS, ORDERS and finally ADJUDGES:
2. The proposed individual settling Class Members have been provided with timely and sufficient notice of the parties’ proposed Settlement Agreement, as well as the final approval hearing of August 11, 2010, as follows:
a. On March 28, 2010, the Legal Notice approved by the Court was published in the Miami Herald, el Nuevo Herald, the Sun-Sentinel, and The Palm Beach Post.
b. On April 21, 2010, the Legal Notice and Claim Form approved by the Court was mailed directly to the individual settling Class Members at their last known address as provided to the Settlement Administrator by Defendant.
c. On June 28, 2010, the Legal Notice and Claim Form approved by the Court was once again mailed directly to those individual settling Class Members whose first notice was returned as undeliverable by the U.S. Postal Service at their last known address as updated according to the “Accurint” database maintained by LexisNexis.
d. The above-described Legal Notice duly advised the individual settling Class Members of their right to opt-out of the proposed class action settlement and/or to file and serve written objections to the proposed Settlement Agreement on or before July 27, 2010.
e. At the time of the final settlement approval hearing on August 11, 2010, none of the proposed individual settling Class Members had advised the Court or the Settlement Administrator of their decision to opt-out of the proposed class action settlement, nor were there any written objections to the proposed Settlement Agreement filed with the Court.
3. The proposed premium finance company settling Class Members were also provided with notice of the parties’ proposed Settlement Agreement, as well as the final settlement approval hearing of August 11, 2010, as follows:
a. On March 28, 2010, the Legal Notice approved by the Court was published in the Miami Herald, el Nuevo Herald, the Sun-Sentinel, and The Palm Beach Post.
b. On May 4, 2010, the Legal Notice and Claim Form approved by the Court was mailed directly to the premium finance company settling Class Members at their last known address as provided to the Settlement Administrator by Defendant.
c. On August 10, 2010, the Legal Notice and Claim Form approved by the Court was once again mailed directly to those premium finance company settling Class Members whose first notice was returned as undeliverable by the U.S. Postal Service at their last known address as updated according to the Florida Department of State’s Division of Corporations database maintained at www.sunbiz.org.
d. The above-described Legal Notice duly advised the premium finance company settling Class Members of their right to opt-out of the proposed class action and/or to file and serve written objections to the proposed Settlement Agreement on or before August 27, 2010.
4. Accordingly, the time and date of the final settlement approval hearing on August 11, 2010, was rescheduled by the Court so that the Defendant and Settlement Administrator could complete a third mailing of the Legal Notice and Claim Form to the premium finance company Class Members as follows:
a. On August 31, 2010, Defendant mailed an updated Legal Notice and Claim Form to the premium finance company settling Class Members at their last known address according to the Florida Department of State’s Division of Corporations database maintained at www.sunbiz.org.
b. The notice advised the premium finance company settling Class Members of their right to opt-out of the proposed class action settlement and/or to file and serve written objections, if any, to the proposed Settlement Agreement on or before September 21, 2010.
c. The notice advised the premium finance company settling Class Members of the final hearing on October 15, 2010 at 9:00 a.m., to consider and finally determine (a) whether the Settlement Agreement should be finally approved as fair, reasonable, and adequate, and (b) objections, if any, made to the Settlement Agreement or any of its terms and that the final approval hearing may be postponed, adjourned, or continued by order of the Court without further notice to the proposed settling Class Members.
d. The notice advised that any premium finance company Class Member who wished to opt-out of and be excluded from the proposed settling class must do so in writing on or before September 21, 2010 in the manner provided in the Legal Notice of proposed class action settlement previously approved by the Court.
e. The notice advised that any proposed premium finance company Class Member who did not request exclusion from the proposed settling class and who objected to approval of the proposed Settlement Agreement shall appear at the final approval hearing through counsel to show cause why the proposed Settlement Agreement should not be approved as fair, reasonable, and adequate. However, that no proposed settling Class Member (other than representatives of the named parties) shall be heard at the final approval hearing unless, on or before the date set forth below, such proposed settling Class Member files with the Clerk of the Court and serves on counsel for the Plaintiffs and Defendant a timely written objection and notice of intent to appear, in accordance with the procedures specified in the Legal Notice of this class action and the proposed Settlement Agreement.
f. The notice advised that any proposed settling Class member who did not make his/her/its objection to the proposed Settlement Agreement in the manner provided therein shall be deemed to have waived any such objection by appeal, collateral attack, or otherwise.
g. The notice advised that if the proposed Settlement Agreement is finally approved, the Court shall enter a Final Order and Judgment Approving Class Action Settlement Agreement, which shall be fully binding with respect to all proposed settling Class Members who have not previously requested exclusion from this action in accordance with the Court’s orders and the terms of the Settlement Agreement.
h. The notice advised that all claim forms must be postmarked no later than September 21, 2010.
i. The notice advised that written objections to the proposed Settlement Agreement and all notices of intention to appear at the final approval hearing shall be deemed timely only if received by the Clerk of Court no later than September 21, 2010.
j. As of the time of the final settlement approval hearing on October 15, 2010, none of the proposed premium finance company settling Class Members had advised the Court or the Settlement Administrator of their decision to opt-out of the proposed class action settlement, nor were there any written objections to the proposed Settlement Agreement filed with the Court.
5. Defendant has filed of record:
(a) affidavits of publication from each newspaper which published the Legal Notice;
(b) sample copies of each published Legal Notice;
(c) sample copies of each Legal Notice and Claim Form mailed to the individual settling Class Members and the premium finance company Class Members; and
(d) the Affidavit of Paul Susz, Esq., General Counsel, United Automobile Insurance Company, and its attached Exhibits A through L, which were received by the Court into evidence without objection.
6. Defendant appeared before the Court on October 19, 2010, and presented the above-described documentation and an accounting of all claims and payments made thereon, after consideration of which the Court hereby finds that all claim forms received by the Settlement Administrator have been processed and all claim-payment checks have been mailed.
7. The Court finds that it has jurisdiction over the subject matter of this action and over all parties to this action, including all members of the Plaintiff Class.
8. The Court finds that the Settlement Agreement and the settlement evidenced therein are found and determined to be fair, reasonable, and adequate, and are hereby approved and ordered to be performed by the parties.
9. The Court finds that the manner and method used to provide notice to the class were fair and reasonably calculated to provide actual notice to class members and complied with all requirements of Florida Rule of Civil Procedure 1.220 and due process.
10. This Final Order and Judgment applies to all claims set forth in Plaintiffs’ complaints or under the terms of the Agreement and shall be fully binding with respect to all members of the Plaintiff Class who did not properly request exclusion in accordance with the terms of this Court’s Order Preliminary Approving Settlement Agreement.
11. The Court adjudges that all members of the Plaintiff Class who did not properly request exclusion are barred and permanently enjoined from asserting, instituting, or prosecuting, either directly or indirectly, any relief sought by the Plaintiffs in their Complaint for claims settled under the terms of the Settlement Agreement which any Plaintiff Class member had, has, or may now have.
12. The name and policy number of the members of the Plaintiff Class who are therefore bound by this Final Order and Judgment shall be filed with the Clerk by the Settlement Administrator no later than November 2, 2010, at which time said listing of all Class Members bound by this Final Order and Judgment shall be incorporated herein by reference.
13. This Final Order and Judgment is a final judgment, and is the Final Order provided for in the Agreement.
14. Neither this Final Order and Judgment, nor the Settlement Agreement, nor the fact of settlement, shall be used as an admission of any fault or omission by Defendant.
15. This Final Order and Judgment does not constitute an expression by the Court of any opinion, position, or determination as to the merit or lack of merit of any of the claims and/or defenses of Plaintiffs, the Plaintiff Class, or Defendant.
16. The Court finds that Plaintiffs’ Counsel, as defined in paragraph 2.14 of the parties’ Settlement Agreement are entitled to reasonable attorney’s fees and costs, and hereby awards Plaintiffs’ Counsel such fees and costs. The Court shall hold a hearing on Thursday 20 January 2011, at 9:30 a.m., to determine the amount of such fees and costs.
17. This case is hereby dismissed with prejudice, which dismissal is without costs to any party, except as specifically provided in the Settlement Agreement.
18. Without affecting the finality of this Final Order and Judgment in any way, the Court retains jurisdiction over:
(a) The implementation and enforcement of the Agreement until each and every covenant agreed to be performed by the parties to the Settlement Agreement shall have been performed.
(b) Any other action necessary to conclude the settlement and to implement the Settlement Agreement.
(c) The enforcement, construction, and interpretation of the Settlement Agreement.
(d) The determination of the amount of reasonable attorney’s fees and costs to be awarded to Plaintiffs’ Counsel, as defined in paragraph 2.14 of the parties’ Settlement Agreement.
