Hawker v. Pekin Insurance Company
Hawker v. Pekin Settlement
Case No. 21-CV-002169

Welcome to the Hawker v. Pekin Settlement Website

A class action settlement involving certain Ohio homeowners’ insurance structural damage claims may provide payments to those who qualify.

Important Update: Please be advised that the Final Fairness Hearing was held on February 24, 2022, and the Court granted final approval of the Settlement on February 25, 2022

What is this lawsuit about?

In the class action lawsuit, the Plaintiff claims that Pekin Insurance Company ("The Insurance Company") improperly deducted depreciation attributable to costs of labor and other nonmaterial items when adjusting some homeowners’ insurance claims in Ohio.  The Insurance Company has maintained that it paid claims when reasonable and appropriate to do so and has denied all allegations that it acted wrongfully or unlawfully.

The Court did not decide in favor of the Plaintiff or the Insurance Company, and has not found that the Insurance Company did anything wrong.  Instead, both sides agreed to settle.  That way, the parties avoid the cost of a trial and potentially an appeal, and the people who qualify will get compensation.  The Class Representative and her attorneys think the settlement is best for all Class Members.  The settlement does not mean that the Insurance Company did anything wrong, no trial has occurred, and no merits determinations have been made.

Who is included?

The Settlement Class includes: (a) All policyholders under any Personal Lines or Commercial Lines insurance policy issued by Pekin Insurance Company, except for those excluded, who made a Structural Loss claim for property located in the State of Ohio during the applicable Class Periods, and (b) that resulted in an actual cash value payment from which Nonmaterial Depreciation was withheld, or that would have resulted in an actual cash value payment but for the withholding of Nonmaterial Depreciation causing the loss to drop below the applicable deductible. 

What does the Settlement provide to Class Members?

Class Members who completed and signed a claim form and mailed it to the proper address, or submitted a claim form online, may be eligible for a payment. The deadline to submit a claim form was April 11, 2022, which has passed. Under the settlement, the Insurance Company has agreed to pay Class Members who timely submit valid claims determined as follows:  (a) for Class Members to whom all Nonmaterial Depreciation has not been paid, 100% of the estimated Nonmaterial Depreciation that was withheld and not later paid, plus up to $25 interest; (b) for Class Members to whom all Nonmaterial Depreciation that was withheld and later paid, up to $25 interest on the estimated Nonmaterial Depreciation that was initially withheld, from the date of the last actual cash value payment from which Nonmaterial Depreciation was withheld to the date all Nonmaterial Depreciation was paid.

You needed to submit a claim form in order to determine whether you are eligible for and the amount of your settlement payment. If you did not, you will not receive a settlement payment.  For additional details on the payment terms, please see the Settlement Agreement.

Your Legal Rights and Options

Option and Deadline
Submit a Claim Form
Deadline: April 11, 2022
The only way to get a payment if you qualify.
Ask to be Excluded
Deadline: January 25, 2022
You get no payment. This is the only option that allows you to individually sue the Insurer over the claims resolved by this settlement.
Deadline: January 25, 2022
Write to the Court about why you don’t agree with the settlement.
Go to the Hearing on February 24, 2022
Deadline: January 25, 2022
Ask to speak in Court about the settlement.
Do Nothing You get no payment.  You give up rights.

For More Information

Visit this website often to get the most up-to-date information.

Hawker v. Pekin Settlement
c/o JND Legal Administration
PO Box 91432
Seattle, WA 98111