| Settlement in $75 million case approved
By David Hedges, Publisher
thetimesrecord.net
A settlement in a class action lawsuit that could be worth at least $75 million was approved in Roane Circuit Court last week.
The case known as O'Dell vs. Nationwide Insurance involves around 1,000 people, according to Charleston attorney Scott Segal, who said they should have already been notified by mail and through newspaper advertisements.
One of several attorneys who represent policyholders, Segal said some policyholders could receive more than a million dollars for their claims that involve uninsured or underinsured automobile coverage.
Attorneys who filed the suit are expected to receive $25 million from the settlement and include lawyers in West Virginia, Philadelphia and Florida.
After giving preliminary approval to the proposed settlement in February, Roane Circuit Judge David Nibert made it final on Thursday, at a hearing to give class members a chance to object.
No one showed up.
"Given the kind of deal it is, I'm not surprised," Segal said. He said class members could take the insurance company's offer, or have an independent adjuster review their case, and could receive up to three times the reformed limits.
Claimants can even reject the second offer and file their own suit.
Class members include automobile drivers who were Nationwide policyholders, or their passengers, who were injured or suffered property damage between April 11, 1993 and Jan. 31, 2007.
Plaintiffs George O'Dell and his wife, Stacy O'Dell, were involved in a car accident in 2000. Their combined medical bills of more than $30,000 exceeded their coverage with Nationwide.
They asked Nationwide to show proof they had been offered underinsured coverage.
Nationwide responded they had sent mailings to policy holders in West Virginia in 1993 and 1999 that explained uninsured and underinsured motorist coverage, but the O'Dells declined those offers.
The O'Dells alleged the offers did not comply with state law.
Segal said motorists should be careful when purchasing auto insurance.
"Most people in West Virginia are under the mistaken belief they have 'full coverage'," Segal said, "but there is no such thing."
State minimums require $20,000 in insurance per person and $40,000 per occurrence.
He said drivers who buy more insurance should not waive their right to an equal amount of coverage for uninsured or underinsured coverage.
"It costs very little, and it could be well worth it," he said.
A Web site for class members is at wvnationwideclassaction.com
thetimesrecord.net
| 
