Submission of Claim Forms. 5.1 For a Settlement Class Member to be paid from the Net Settlement Fund, he or she must complete and timely submit a Claim Form certifying the Settlement Class Member’s entitlement to a claim as described. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed, and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 5.6 below. 5.2 The Claims Administrator will develop and post an online version of the Claim Form that may be “certified” and submitted electronically. 5.3 Individuals may contact the Claims Administrator prior to submitting a Claim Form to inquire how many qualifying calls are shown by the Potential Class Member Contact List. Individuals may dispute the number of telephone calls associated with their telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided in the Long-Form Settlement Notice (Exhibit B) and in the FAQs on the Settlement Website. Individuals may be required by the Claims Administrator to provide proof of their telephone calls to Defendants during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Defense Counsel and decide if the request for additional time shall be granted and shall promptly communicate that decision to the individual making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5. 5.4 Individuals submitting Claim Forms will be required to provide a unique code. The code will be provided on the Summary Settlement Class Notice (Exhibit C). Individuals may also obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website and providing a telephone number on the Potential Class Member Contact List or other proof that they are a Settlement Class Member (e.g., phone records). 5.5 In order to receive a share of the Net Settlement Fund, Settlement Class Members must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 5.7 below. Claim Forms must be postmarked or received electronically no later than the Response Deadline. Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the Response Deadline shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5; provided however, that if an individual requests an extension of time to submit a Claim Form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision if the request for additional time shall be granted and shall promptly communicate that decision to the individual making the request. 5.6 If any Class Member timely submits a deficient Claim Form which deviates from the instructions embodied in the Claim Form, the Claims Administrator shall promptly mail or email a notice to that Class Member informing him or her of the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the notice is mailed or emailed) to cure the deficiency (“Deficiency Cure Period”). The Claims Administrator shall make a final and binding resolution with regard to whether the deficiency has been timely cured. If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguished. 5.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the telephone numbers on the Potential Class Member Contact List and the names derived therefrom, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be valid unless it is completed properly and matches a telephone number on the Potential Class Member Contact List or if counsel for the Parties otherwise agrees to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation (which may include contacting the claimants, Defendants and/or counsel for the Parties) of the discrepancy to determine whether any or all of such submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by email or letter notify the person who submitted the Claim Form and will set forth the reason for its invalidity. The person who submitted the Claim Form shall have a 20-calendar-day period beginning on the date of the postcard mailing or email to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In case of a dispute between claimants, Settlement Class Counsel and Defense Counsel thereafter shall promptly meet and confer to determine if there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendants and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguished. 5.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court directs, only Authorized Claimants will receive settlement payments under this Agreement. 5.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 5.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.
Appears in 1 contract
Sources: Settlement Agreement
Submission of Claim Forms. 5.1 For a 6.1 Claim Forms mailed to potential Settlement Class Member to Members shall be paid from the Net Settlement Fund, he or she must complete and timely submit a Claim Form certifying pre-populated with the Settlement Class Member’s entitlement to a name, current address, date of Covered Loss, Policy number, and claim as described. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signednumber, and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 5.6 belowextent feasible and if such information is reasonably available.
5.2 The Claims Administrator will develop 6.2 To be considered valid and post an online version of the Claim Form that may be “certified” and submitted electronically.
5.3 Individuals may contact the Claims Administrator prior to submitting timely, a Claim Form to inquire how many qualifying calls are shown by the Potential Class Member Contact List. Individuals may dispute the number of telephone calls associated with their telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided in the Long-Form Settlement Notice (Exhibit B) and in the FAQs on the Settlement Website. Individuals may be required by the Claims Administrator to provide proof of their telephone calls to Defendants during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Defense Counsel and decide if the request for additional time shall be granted and shall promptly communicate that decision to the individual making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5.
5.4 Individuals submitting Claim Forms will be required to provide a unique code. The code will be provided on the Summary Settlement Class Notice (Exhibit C). Individuals may also obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website and providing a telephone number on the Potential Class Member Contact List or other proof that they are a Settlement Class Member (e.g., phone records).
5.5 In order to receive a share of the Net Settlement Fund, Settlement Class Members must complete and timely submit a Claim Form, and that Claim Form must be validated materially complete, signed by or on behalf of the Claims Administrator as provided in Section 5.7 below. Claim Forms must be postmarked or received electronically no later than the Response Deadline. Unless otherwise ordered by the Court or agreed upon by the PartiesSettlement Class Member, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the Response Deadline shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5; provided however, that if an individual requests an extension of time to submit a Claim Form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision if the request for additional time shall be granted and shall promptly communicate that decision mailed to the individual making the request.
5.6 If any Class Member timely submits a deficient Claim Form which deviates from the instructions embodied Administrator’s address as specified in the Claim Form, postmarked by the Claims Administrator Claim Deadline, which shall promptly mail or email a notice to that Class Member informing him or her of be thirty (30) days after the deficiency and that he or she has 20 calendar days from the scheduled date of the notice Final Approval Hearing. Signed and completed Claims Forms may also be scanned and uploaded on the Settlement Website by the Claim Deadline. Claim Forms may be submitted on behalf of deceased or incapacitated Settlement Class Members by Legally Authorized Representatives, with written proof of authority.
6.3 The Claim Form will reasonably request of Settlement Class Members such information as described on the attached Claim Form (which shall be the date the notice is mailed or emailed) to cure the deficiency (“Deficiency Cure Period”Exhibit 3). The Claims Administrator shall make To be eligible for a final Claim Settlement Payment, Settlement Class Members must, on or with the Claim Form:
6.3.1 Affirm that they have not assigned the claim for the Covered Loss upon which the ACV Payment was calculated, other than an interest that may be held by a mortgagee;
6.3.2 Confirm that the pre-populated contact and binding resolution with regard claim information contained on the Claim Form is correct, or, if necessary, update, correct, or provide additional information to whether any pre-populated contact or claim information contained on the deficiency has been timely cured. Claim Form; and
6.3.3 If the deficiency is not timely cured, the Settlement Class Member who submitted under the deficient Covered Loss is deceased or incapacitated, include written confirmation that the Person submitting the Claim Form shall not receive any portion of is the Net Settlement Fund but shall remain a member Legally Authorized Representative of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the ActionMember. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguished.
5.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the telephone numbers on the Potential Class Member Contact List and the names derived therefrom, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be valid unless it is completed properly and matches require that a telephone number on the Potential Class Member Contact List or if counsel for the Parties otherwise agrees to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation (which may include contacting the claimants, Defendants and/or counsel for the Parties) of the discrepancy to determine whether any or all of such submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by email or letter notify the person who submitted the Claim Form and will set forth the reason for its invalidity. The person who submitted the Claim Form shall have a 20-calendar-day period beginning on the date of the postcard mailing or email to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In case of a dispute between claimants, Settlement Class Counsel and Defense Counsel thereafter shall promptly meet and confer to determine if there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendants and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguished.
5.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court directs, only Authorized Claimants will receive settlement payments under this Agreement.
5.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall sign under penalty of perjury or that any signature be deemed an Authorized Claimantnotarized.
5.10 Any Settlement Class Member 6.4 Subject to Defendant’s right to challenge or reduce the amount owed to any Claimant, as set forth below in Section 7.2, Claimants who fails to submit a timely and valid properly completed Claim Form or fails to submit and are deemed eligible for a Claim Settlement Payment shall be paid in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims accordance with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.following provisions:
Appears in 1 contract
Sources: Settlement Agreement
Submission of Claim Forms. 5.1 For 6.1 Claim Forms mailed to Class Members shall be pre-populated with the Class Member’s name, current address, and date of Covered Loss to the extent feasible and if such information is reasonably available.
6.2 To be considered valid and timely, a Claim Form must be signed by or on behalf of the Class Member, and mailed to the Administrator’s address as specified in the Claim Form, postmarked by the Claim Deadline, which shall be forty-five (45) days after the scheduled date of the Final Approval Hearing. Signed Claim Forms may also be scanned and uploaded on the Settlement Website by the Claim Deadline. Claim Forms may be submitted on behalf of deceased or incapacitated Class Members by Legally Authorized Representatives, with written evidence of authority.
6.3 The Claim Form will reasonably request of Class Members such information as described on the attached Exhibit C. To be eligible for a Claim Settlement Payment, Class Members must, on or with the Claim Form:
6.3.1 Confirm that the pre-populated contact information contained on the Claim Form is correct or, if necessary, correct or add additional information to any pre-populated contact or claim information contained on the Claim Form; and
6.3.2 If the Class Member to under the Covered Loss is deceased or incapacitated, include written evidence that the Person submitting the Claim Form is the Legally Authorized Representative of the Class Member. The Claim Form will not require that a Class Member sign under penalty of perjury or be paid from the Net Settlement Fund, he or she must complete and notarized.
6.4 Claimants who timely submit a Claim Form certifying and are deemed eligible for a Claim Settlement Payment shall be paid in accordance with the Settlement following provisions:
6.4.1 Class Member’s entitlement to Members who timely submit a claim as described. The materially complete Claim Form shall be deemed deficient by paid a Claim Settlement Payment equal to 100% of the Claims Administrator if it is Nonmaterial Depreciation that was withheld from the ACV Payment on the Class Member’s Covered Loss and not fully completed and signed, and, accordingly, will be rejected upon receipt subject subsequently paid to the ability to cure the deficiency Class Member by Defendant, as determined by Defendant as described in Section 5.6 belowherein, plus simple interest on that amount at the rate of 6% per annum from the date of each respective ACV Payment to the Effective Date.
5.2 The Claims Administrator will develop and post an online version of the Claim Form that may be “certified” and submitted electronically.
5.3 Individuals may contact the Claims Administrator prior to submitting a Claim Form to inquire how many qualifying calls are shown by the Potential Class Member Contact List. Individuals may dispute the number of telephone calls associated with their telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided in the Long-Form Settlement Notice (Exhibit B) and in the FAQs on the Settlement Website. Individuals may be required by the Claims Administrator to provide proof of their telephone calls to Defendants during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Defense Counsel and decide if the request for additional time shall be granted and shall promptly communicate that decision to the individual making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5.
5.4 Individuals submitting Claim Forms will be required to provide a unique code. The code will be provided on the Summary Settlement Class Notice (Exhibit C). Individuals may also obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website and providing a telephone number on the Potential Class Member Contact List or other proof that they are a Settlement Class Member (e.g., phone records).
5.5 In order to receive a share of the Net Settlement Fund, Settlement 6.4.2 Class Members must complete and who timely submit a Claim Form, and that materially complete Claim Form must but for whom all Nonmaterial Depreciation that was withheld from ACV Payments was subsequently paid, shall be validated by paid a Claim Settlement Payment equal to simple interest at the Claims Administrator as provided rate of 6% per annum on the estimated Nonmaterial Depreciation that was initially withheld from ACV Payments, from the date of each respective ACV Payment from which Nonmaterial Depreciation was withheld to the date all Nonmaterial Depreciation was paid. The interest-only payment in Section 5.7 below. Claim Forms must be postmarked or received electronically no later than the Response Deadline. Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the Response Deadline shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5; provided however, that if an individual requests an extension of time to submit a Claim Form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision 6.4.2 applies even if the request Class Member has exhausted the applicable limits of insurance.
6.4.3 Class Members who would have received an ACV Payment but for additional time application of Nonmaterial Depreciation shall be granted and shall promptly communicate equal to 100% of the portion of the Nonmaterial Depreciation that decision to the individual making the request.
5.6 If any Class Member timely submits a deficient Claim Form which deviates from the instructions embodied in the Claim Form, the Claims Administrator shall promptly mail or email a notice to did not receive as an ACV payment solely because application of that Class Member informing him or her portion of the deficiency and Non-Material Depreciation caused the calculated ACV figure to drop below the applicable deductible, plus simple interest on that he or she has 20 calendar days amount at the rate of 6% per annum from the date of the notice (estimate to the Effective Date.
6.5 The foregoing Claim Settlement Payments are the only payments to which Class Members will be entitled under the Proposed Settlement. Claim Settlement Payments are deemed to be inclusive of claims for any potentially applicable damages, penalties, interest, and fees, subject to the payments of attorneys’ fees and expenses and service awards required to be paid separately as provided for herein. All Claim Settlement Payments to Class Members, exclusive of interest payments, are subject to the terms, limits, conditions, coverage limits, and deductibles of their respective policies. Any rights to Claim Settlement Payments under this Agreement shall be inure solely to the date benefit of Class Members and are not transferable or assignable, unless the notice is mailed or emailed) to cure insurance claim was assigned by the deficiency (“Deficiency Cure Period”). The Claims Administrator shall make a final and binding resolution with regard to whether the deficiency has been timely cured. If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguished.
5.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the telephone numbers on the Potential Class Member Contact List and the names derived therefrom, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be valid unless it is completed properly and matches a telephone number on the Potential Class Member Contact List or if counsel for the Parties otherwise agrees to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation (which may include contacting the claimants, Defendants and/or counsel for the Parties) of the discrepancy to determine whether any or all of such submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by email or letter notify the person who submitted the Claim Form and will set forth the reason for its invalidity. The person who submitted the Claim Form shall have a 20-calendar-day period beginning on before the date of Preliminary Approval in the postcard mailing ordinary course to a contractor who performed or email intends to cure perform repair or replacement work to which the invalid insurance claim relates.
6.6 The opportunity to submit Claim Forms for Claim Settlement Payments and other obligations incurred by Defendant pursuant to this Agreement shall be in full and final disposition of the Action, and in full consideration for the release of any and all Released Claims as against any and all Released Persons, regardless of whether or not a Class Member receives a Class Notice, submits a Claim Form. The Claims Administrator shall notify , or timely negotiates a Claim Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In case of a dispute between claimants, Settlement Class Counsel and Defense Counsel thereafter shall promptly meet and confer to determine if there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendants and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguishedPayment check.
5.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court directs, only Authorized Claimants will receive settlement payments under this Agreement.
5.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant.
5.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.
Appears in 1 contract
Sources: Settlement Agreement
Submission of Claim Forms. 5.1 For a Settlement 6.1 Claim Forms mailed to Class Member to Members shall be paid from pre-populated with the Net Settlement Fund, he or she must complete and timely submit a Claim Form certifying the Settlement Class Member’s entitlement to a claim as described. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed name, current address, and signed, and, accordingly, will be rejected upon receipt subject date of Covered Loss to the ability to cure the deficiency as described in Section 5.6 belowextent feasible and if such information is reasonably available.
5.2 The Claims Administrator will develop 6.2 To be considered valid and post an online version of the Claim Form that may be “certified” and submitted electronically.
5.3 Individuals may contact the Claims Administrator prior to submitting timely, a Claim Form to inquire how many qualifying calls are shown by the Potential Class Member Contact List. Individuals may dispute the number of telephone calls associated with their telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided in the Long-Form Settlement Notice (Exhibit B) and in the FAQs on the Settlement Website. Individuals may be required by the Claims Administrator to provide proof of their telephone calls to Defendants during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Defense Counsel and decide if the request for additional time shall be granted and shall promptly communicate that decision to the individual making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5.
5.4 Individuals submitting Claim Forms will be required to provide a unique code. The code will be provided on the Summary Settlement Class Notice (Exhibit C). Individuals may also obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website and providing a telephone number on the Potential Class Member Contact List or other proof that they are a Settlement Class Member (e.g., phone records).
5.5 In order to receive a share of the Net Settlement Fund, Settlement Class Members must complete and timely submit a Claim Form, and that Claim Form must be validated materially complete, signed by or on behalf of the Claims Administrator as provided in Section 5.7 below. Claim Forms must be postmarked or received electronically no later than the Response Deadline. Unless otherwise ordered by the Court or agreed upon by the PartiesClass Member, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the Response Deadline shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5; provided however, that if an individual requests an extension of time to submit a Claim Form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision if the request for additional time shall be granted and shall promptly communicate that decision mailed to the individual making the request.
5.6 If any Class Member timely submits a deficient Claim Form which deviates from the instructions embodied Administrator’s address as specified in the Claim Form, postmarked by the Claims Administrator Claim Deadline, which shall promptly mail or email a notice to that Class Member informing him or her of be forty-five (45) days after the deficiency and that he or she has 20 calendar days from the scheduled date of the notice (Final Approval Hearing. Signed and completed Claim Forms may also be scanned and uploaded on the Settlement Website by the Claim Deadline. Claim Forms may be submitted on behalf of deceased or incapacitated Class Members by Legally Authorized Representatives, with written evidence of authority.
6.3 The Claim Form will reasonably request of Class Members such information as described on the attached Exhibit C. To be eligible for a Claim Settlement Payment, Class Members must, on or with the Claim Form:
6.3.1 Affirm that they have not assigned the claim for the Covered Loss upon which shall be the date the notice is mailed or emailed) to cure the deficiency (“Deficiency Cure Period”). The Claims Administrator shall make a final ACV Payment was calculated, and binding resolution with regard to whether the deficiency if it has been timely cured. If assigned only as permitted under Section 6.7, identify the deficiency is not timely curedassignee-contractor to whom the Covered Loss claim was assigned, attach written evidence of such assignment, and agree to indemnify Defendants for any loss should the Settlement Class Member who submitted the deficient assignor-policyholder also file a Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect for, or dispute payment to the issues raised in assignee-contractor of, a Claim Settlement Payment for the Action are determined by assigned Covered Loss;
6.3.2 Confirm that the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguished.
5.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number pre-populated contact information contained on the Claim Form against and any updated, corrected, or additional information provided by the telephone numbers on the Potential Class Member Contact List and is accurate to the names derived therefrombest of the Class Member’s knowledge.
6.3.3 If the Class Member under the Covered Loss is deceased or incapacitated, or by taking other reasonable steps approved by Settlement include written evidence that the Person submitting the Claim Form is the Legally Authorized Representative of the Class Counsel and Defense Counsel to determine whether the claim is validMember. A The Claim Form will not be valid unless it is completed properly and matches require that a telephone number on the Potential Class Member Contact List sign under penalty of perjury or if counsel for the Parties otherwise agrees to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation (which may include contacting the claimants, Defendants and/or counsel for the Parties) of the discrepancy to determine whether any or all of such submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by email or letter notify the person who submitted the Claim Form and will set forth the reason for its invalidity. The person who submitted the Claim Form shall have a 20-calendar-day period beginning on the date of the postcard mailing or email to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In case of a dispute between claimants, Settlement Class Counsel and Defense Counsel thereafter shall promptly meet and confer to determine if there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendants and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguishednotarized.
5.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court directs, only Authorized Claimants will receive settlement payments under this Agreement.
5.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant.
5.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.
Appears in 1 contract
Sources: Settlement Agreement
Submission of Claim Forms. 5.1 For a Settlement 6.1 Claim Forms mailed to Class Member to Members shall be paid from pre-populated with the Net Settlement Fund, he or she must complete and timely submit a Claim Form certifying the Settlement Class Member’s entitlement to a claim as described. The Claim Form shall be deemed deficient by name, current address, and the Claims Administrator if it is not fully completed and signeddate of Covered Loss, and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 5.6 belowextent feasible, if such information is reasonably available.
5.2 The Claims Administrator will develop 6.2 To be considered valid and post an online version of the Claim Form that may be “certified” and submitted electronically.
5.3 Individuals may contact the Claims Administrator prior to submitting timely, a Claim Form to inquire how many qualifying calls are shown by the Potential Class Member Contact List. Individuals may dispute the number of telephone calls associated with their telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided in the Long-Form Settlement Notice (Exhibit B) and in the FAQs on the Settlement Website. Individuals may be required by the Claims Administrator to provide proof of their telephone calls to Defendants during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Defense Counsel and decide if the request for additional time shall be granted and shall promptly communicate that decision to the individual making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5.
5.4 Individuals submitting Claim Forms will be required to provide a unique code. The code will be provided on the Summary Settlement Class Notice (Exhibit C). Individuals may also obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website and providing a telephone number on the Potential Class Member Contact List or other proof that they are a Settlement Class Member (e.g., phone records).
5.5 In order to receive a share of the Net Settlement Fund, Settlement Class Members must complete and timely submit a Claim Form, and that Claim Form must be validated materially complete, signed by or on behalf of the Claims Administrator as provided in Section 5.7 below. Claim Forms must be postmarked or received electronically no later than the Response Deadline. Unless otherwise ordered by the Court or agreed upon by the PartiesClass Member, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the Response Deadline shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 5; provided however, that if an individual requests an extension of time to submit a Claim Form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision if the request for additional time shall be granted and shall promptly communicate that decision mailed to the individual making the request.
5.6 If any Class Member timely submits a deficient Claim Form which deviates from the instructions embodied Administrator’s address as specified in the Claim Form, postmarked by the Claims Administrator Claim Deadline, which shall promptly mail or email a notice to that Class Member informing him or her of be forty-five (45) days after the deficiency and that he or she has 20 calendar days from the scheduled date of the notice (which shall Final Approval Hearing. Signed and completed Claim Forms may also be the date the notice is mailed or emailed) to cure the deficiency (“Deficiency Cure Period”). The Claims Administrator shall make a final scanned and binding resolution with regard to whether the deficiency has been timely cured. If the deficiency is not timely cured, uploaded on the Settlement Website by the Claim Deadline or sent to the Administrator via e-mail. Claim Forms may be submitted on behalf of deceased or incapacitated Class Member who submitted the deficient Members by Legally Authorized Representatives, with written evidence of authority.
6.3 The Claim Form shall will reasonably request of Class Members such information as described on the attached Exhibit C. To be eligible for a Claim Settlement Payment, Class Members must, on or with the Claim Form:
6.3.1 Affirm that they have not receive any portion of assigned the Net Settlement Fund but shall remain claim for the Covered Loss upon which the ACV Payment was calculated, other than an interest that may be held by a member of mortgagee;
6.3.2 Confirm that the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguished.
5.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number pre-populated contact information contained on the Claim Form against is correct, or, if necessary update, correct, or provide additional information;
6.3.3 If the telephone numbers on the Potential Class Member Contact List and under the names derived therefromCovered Loss is deceased or incapacitated, or by taking other reasonable steps approved by Settlement include written evidence that the Person submitting the Claim Form is the Legally Authorized Representative of the Class Counsel and Defense Counsel to determine whether the claim is validMember. A The Claim Form will not require that a Class Member sign under penalty of perjury or be valid unless it is completed properly notarized.
6.4 Class Members, who timely submit a materially complete Claim Form, and matches a telephone number for whom there remains some amount of outstanding Labor Depreciation on the Potential Class Member Contact List or if counsel for the Parties otherwise agrees to accept the claim as valid. If claim, shall be paid a Claim Form is submitted from two or more individuals asserting entitlement Settlement Payment equal to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation (which may include contacting the claimants, Defendants and/or counsel for the Parties) 112.5% of the discrepancy to determine whether any or all of such submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by email or letter notify the person who submitted the Claim Form and will set forth the reason for its invalidity. The person who submitted the Claim Form shall have a 20-calendar-day period beginning on the date of the postcard mailing or email to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In case of a dispute between claimants, Settlement Class Counsel and Defense Counsel thereafter shall promptly meet and confer to determine if there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendants and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguishedoutstanding Labor Depreciation.
5.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement 6.5 Class Members who timely cure their invalid or deficient submit a materially complete Claim FormsForm, but for whom all outstanding Labor Depreciation that was withheld from ACV Payments was subsequently paid, shall be paid interest as described in Section 4.1.2 above.
6.6 The foregoing Claim Settlement Payments are the only payments to which Class Members will be referred entitled under the Proposed Settlement. Any rights to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court directs, only Authorized Claimants will receive settlement payments Claim Settlement Payments under this AgreementAgreement shall inure solely to the benefit of Class Members and are not transferable or assignable, unless the insurance claim was assigned by the Class Member before the date of Preliminary Approval in the ordinary course to a contractor who performed, or intends to perform, repair or replacement work to which the insurance claim relates. Provided, however, that any such assignee submits written evidence of such an assignment must agree in writing to indemnify the Defendant for any loss should the assignor-policyholder later dispute payment to the assignee- contractor before payment will be made to the assignee.
5.9 Any 6.7 The opportunity to submit Claim Form that has been approved Forms for Claim Settlement Payments and other obligations incurred by the Claims Administrator Frontier, pursuant to this Agreement, shall be deemed valid in full and final disposition of the Settlement Action, and in full consideration for the release of any and all Released Claims as against any and all Released Persons, regardless of whether or not a Class Member shall be deemed an Authorized Claimantreceives a Class Notice, submits a Claim Form, or timely negotiates a Claim Settlement Payment check.
5.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.
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