Seventh Circuit reverses Progressive class action on auto claim payouts

Progressive’s standard-form Indiana auto policy promises to cover “sudden, direct and accidental loss” from collisions, up to the car’s “actual cash value … at the time of the loss reduced by the applicable deductible.” The policy also states that “actual cash value is determined by the market value, age, and condition of the vehicle at the time the loss occurs” and permits Progressive to use estimating or appraisal systems, including third-party software, to assist in determining loss amounts.

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