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  1. #26
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    Quote Originally Posted by RootSkier View Post
    I actually think the common "wisdom" about class actions like this is overblown. The Toyota rusty frame class action settled for up to $3.4 billion and the lawyers only got around $9 million.
    They probably could have gotten more if they'd offered to let Toyota pay in coupon codes. Seems to work whenever someone sues Ticketbastard.

  2. #27
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    Quote Originally Posted by Dexter Rutecki View Post
    Looking for anyone who had a bullshit denial of their claim from the spring...company I used just sent a form letter for my initial denial and on appeal said that I should have been able to go, in spite of mandated quarantine, since the quarantine order allowed you to get food/medical care (seriously, that's what they said). So these companies just denied everyone, as far as I can tell (I spoke with one travel group that confirmed there were 100% denials, regardless of merits of claims).

    So anyone else get denied on their claim? I assume there are at least a few people here who would have been skiing last spring somewhere out of state/country and may have purchased travel insurance.
    Send a letter alleging bad faith and attach any documents you have. Look up Massachusetts code for bad faith (I think it is treble damages). State your next step is to go to the DOI and sue. I think small claims court limit is $10K in Mass. Sue in small claims asking for treble damages up to $10k. Profit.

  3. #28
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    Quote Originally Posted by neufox47 View Post
    Send a letter alleging bad faith and attach any documents you have. Look up Massachusetts code for bad faith (I think it is treble damages). State your next step is to go to the DOI and sue. I think small claims court limit is $10K in Mass. Sue in small claims asking for treble damages up to $10k. Profit.
    I have a friend that has brought more than one company to small claims and made money. Most times the claim is well under 10k, but close to 5k. They rarely show, or have a lawyer call direct to settle. If you're willing to do the legwork seems to work for some.

    Sent from my Pixel 4a (5G) using TGR Forums mobile app

  4. #29
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    Quote Originally Posted by RootSkier View Post
    I actually think the common "wisdom" about class actions like this is overblown. The Toyota rusty frame class action settled for up to $3.4 billion and the lawyers only got around $9 million.
    That may be the worst fee arrangement I’ve ever heard of.

    Wonder how much of that went to the government or some agency to manage or deploy for related issues similar to dieselgate and how much was each plaintiff (and how many plaintiffs) eligible for?
    I still call it The Jake.

  5. #30
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    Quote Originally Posted by BmillsSkier View Post
    In a class action though, it's only the dentists that take home the cheddar.

    Sure you'll get your win, but 3 years later you'll be none the richer and you'll have already paid for, and seen, the bands twice.
    Alternatively you can hire a lawyer by the hour to sue a mega insurance corporation for your couple of hundred dollars.

    You go bankrupt before they do.
    Quote Originally Posted by Downbound Train View Post
    And there will come a day when our ancestors look back...........

  6. #31
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    Dexter, how much coin we talking about here?
    "timberridge is terminally vapid" -- a fortune cookie in Yueyang

  7. #32
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    Quote Originally Posted by PNWbrit View Post
    Alternatively you can hire a lawyer by the hour to sue a mega insurance corporation for your couple of hundred dollars.

    You go bankrupt before they do.
    I'm fine, the Black Crowes gave me back my money and I'm positive that Mick and Keef will still be trucking this fall when they get the money itch.

    I'm glad the system is there for the rest of the class members though.

    Quote Originally Posted by Timberridge View Post
    Dexter, how much coin we talking about here?
    Not enough if you're referring to the lawyers. Using the above example of a 0.26% cut of the settlement those poor guys are either working without any staff or are charging an hourly rate more akin to those found in the foam-arts sciences.
    I still call it The Jake.

  8. #33
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    Quote Originally Posted by Timberridge View Post
    Dexter, how much coin we talking about here?
    It will be a lot. We have the class action complaint ready to file, the attorneys are just looking for a few more people to get started before we subpoena [major insurance company name's] client list.

    Personally I would of course like to see my money come back, and contractually they should pay (they have essentially defrauded everyone who purchased insurance leading into the shutdown), but after spending so many hours dealing with these fuckers (who were obviously never going to pay regardless) at this point it's almost as much about the principle of it.
    [quote][//quote]

  9. #34
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    Quote Originally Posted by Dexter Rutecki View Post
    It will be a lot. We have the class action complaint ready to file, the attorneys are just looking for a few more people to get started before we subpoena [major insurance company name's] client list.

    Personally I would of course like to see my money come back, and contractually they should pay (they have essentially defrauded everyone who purchased insurance leading into the shutdown), but after spending so many hours dealing with these fuckers (who were obviously never going to pay regardless) at this point it's almost as much about the principle of it.
    For it to be fraud they would have had to planned to never pay you at the tie of issuance. Bad faith is more common / likely where they just don’t follow through with the terms.

  10. #35
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    Quote Originally Posted by neufox47 View Post
    For it to be fraud they would have had to planned to never pay you at the tie of issuance. Bad faith is more common / likely where they just don’t follow through with the terms.
    Point taken, but I believe their business plan actually relies on not paying out in such instances (events that would create widespread claims), so to me it seems fraudulent (whether or not it meets the legal definition).
    [quote][//quote]

  11. #36
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    Odd that they wouldn't. Usually they'd have reinsurance to cover major events so they're out very little money. If they didn't, they deserve to get fucked as they were playing fast and loose.

  12. #37
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    I don't think the reinsurance matters. They still don't want to pay, b/c they don't want what they have to pay for reinsurance in the future to cost more, so regardless of where this money comes from it still saves them money to deny everyone.
    [quote][//quote]

  13. #38
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    So this is big $ from what I can glean. Class action, ads on TV during the Superbowl many millions type of stuff. Sounds like you can sue for damages as well and really stick it to them.

    The only advice I'll offer is when you get the settlement, don't invest it in a ski company.

    Good luck Dexter!
    "timberridge is terminally vapid" -- a fortune cookie in Yueyang

  14. #39
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    Couldnt hurt to bring up that you're pretty sure the documents they sent you were made of asbestos and you heard your doctor say something about mesothelioma.

  15. #40
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    Quote Originally Posted by Timberridge View Post
    So this is big $ from what I can glean. Class action, ads on TV during the Superbowl many millions type of stuff. Sounds like you can sue for damages as well and really stick it to them.

    The only advice I'll offer is when you get the settlement, don't invest it in a ski company.

    Good luck Dexter!
    Ski company, sure, but what about a small ski area?
    I still call it The Jake.

  16. #41
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    Quote Originally Posted by BmillsSkier View Post
    but what about a small ski area?
    all in

  17. #42
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    Quote Originally Posted by BmillsSkier View Post
    Ski company, sure, but what about a small ski area?
    It's a bit like the old saying "What's the fastest way to become a millionaire? Buy an airline for a billion dollars."
    "timberridge is terminally vapid" -- a fortune cookie in Yueyang

  18. #43
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    i’d settle for a good used snowcat and a case of utica club.....

  19. #44
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    Quote Originally Posted by m2711c View Post
    i’d settle for a good used snowcat and a case of utica club.....
    I still call it The Jake.

  20. #45
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    Quote Originally Posted by BmillsSkier View Post
    That may be the worst fee arrangement I’ve ever heard of.

    Wonder how much of that went to the government or some agency to manage or deploy for related issues similar to dieselgate and how much was each plaintiff (and how many plaintiffs) eligible for?
    http://www.toyotaframesettlement.com/

    This is the one I found with those numbers. My mom got a $1500 check from an apparently different Toyota class action settlement. It just showed up in the mail one day, she didn't even have to submit a claim.

  21. #46
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    Quote Originally Posted by Timberridge View Post
    Class action, ads on TV
    Those guys are usually either trying to snag punters to sign up for individual representation outside of the class.

    Or attempting to get their name on a case that's usually well underway so they can try and claim a share of attorney's fees off someone else's work.

    Real class action firms don't advertise on TV.

    Out of curiosity who is representing you in the potential class Dex.
    Quote Originally Posted by Downbound Train View Post
    And there will come a day when our ancestors look back...........

  22. #47
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    Quote Originally Posted by PNWbrit View Post
    Out of curiosity who is representing you in the potential class Dex.
    Dewey, Cheatum and Howe, LLP.
    "timberridge is terminally vapid" -- a fortune cookie in Yueyang

  23. #48
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    Small firm you wouldn't know has drafted the complaint, but if this goes how I think it might they will have to become co-counsel to a big firm that does class actions. I don't know if the current guys have someone in mind right now--didn't ask as the name likely wouldn't have been meaningful to me.
    [quote][//quote]

  24. #49
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    Quote Originally Posted by Dexter Rutecki View Post
    Small firm you wouldn't know has drafted the complaint, but if this goes how I think it might they will have to become co-counsel to a big firm that does class actions. I don't know if the current guys have someone in mind right now--didn't ask as the name likely wouldn't have been meaningful to me.
    It'll be a bit more complicated than that for potentially such a large class action case. The court appoints a Lead Counsel, Co-Leads, a steering committee of them delegates work out to smaller firms who have already filed. The little guys don't usually get much if anything to do because they haven't got 100s or 1000s of class members signed up, lack the logistical resources, experience and financial resources to run the multi year (even more so now during the slow down of the courts during Covid) course of the case.

    If your small firm's complaint hasn't been filed yet and this process is already underway they will be shit out of luck. You'll be part of the putative class in the existing case and any eventual settlement automatically unless you opt out.

    The small shops usually tie up the settlement distribution by arguing that they did more than the unbending paperclips that they were given responsibility for or usually just did duplicative work re-bending paperclips that they want to get paid for. There's already a plethora of these cases going strong... that is until they probably hit arbitration clauses or run into issues of prior reasonable knowledge/expectation.

    Good luck. Feel free to shoot me a PM if you have any questions.
    Quote Originally Posted by Downbound Train View Post
    And there will come a day when our ancestors look back...........

  25. #50
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    Quote Originally Posted by PNWbrit View Post
    It'll be a bit more complicated than that for potentially such a large class action case. The court appoints a Lead Counsel, Co-Leads, a steering committee of them delegates work out to smaller firms who have already filed. The little guys don't usually get much if anything to do because they haven't got 100s or 1000s of class members signed up, lack the logistical resources, experience and financial resources to run the multi year (even more so now during the slow down of the courts during Covid) course of the case.

    If your small firm's complaint hasn't been filed yet and this process is already underway they will be shit out of luck. You'll be part of the putative class in the existing case and any eventual settlement automatically unless you opt out.

    The small shops usually tie up the settlement distribution by arguing that they did more than the unbending paperclips that they were given responsibility for or usually just did duplicative work re-bending paperclips that they want to get paid for. There's already a plethora of these cases going strong... that is until they probably hit arbitration clauses or run into issues of prior reasonable knowledge/expectation.

    Good luck. Feel free to shoot me a PM if you have any questions.
    So maybe I didn't explain fully--AFAIK there is no process underway outside of the complaint they are about to file. They are planning on bringing in one of two or three firms they know that do class action work (one is based in AR, the other in FL--I guess NYC firms aren't into this kind of stuff) to help manage the class once the numbers start getting large enough. In terms of this shop tying things up, I wouldn't expect that to be the case. They're not trying to shoehorn themselves into this, they just wrote up a complaint with me as the initial plaintiff and said they can actually get started with nothing more than that (although one attorney has said he wants some more clients of the same insurer listed, which is what brought me to this thread--only other people I know who were denied purchased through different companies). I spoke with one of the partners last night, but they have an of counsel guy with class action experience actually doing the work right now.

    Have you done some of this before?

    And before ultimate thread drift occurs--last call for someone else who had a travel insurance denial? Bueller?
    [quote][//quote]

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