This is a very important notice for everyone who has a client or pending litigation involving any UM/UIM bodily injury claim against Allstate or any of its subsidiary companies [listed below]. I am asking that this email be posted on the general membership list serves of all trial lawyer associations in New Mexico and outside of New Mexico.

You can find this information at: “cazaressettlement.com”.

Recently, Allstate entered into a national class action settlement of all bad faith claims arising in cases involving the use of Colossus for claim evaluation. Thus, even if your claim doesn't directly involve the Colossus evaluation this class settlement—in which the attorneys will get about $50 million while the class members get a maximum of $600 each—could effectively bar all bad faith claims against Allstate in all first party UM/UIM cases . We expect to see a fire storm of motions by Allstate to cut off all UM/UIM bad faith claims of any kind for persons who have not opted out of this class.

So if you have any client(s) with pending UM claims or pending UM bad faith claims against Allstate or any of its subsidiaries you MUST have your client [attorney signatures on opt-out notices will NOT be accepted unless countersigned by the actual client. The instructions for opting out are laid out below. An individual opt-out notice MUST be sent and signed for EACH client. No mass or group opt-out notices will be accepted.

All opt-out notices must be postmarked by June 5, 2009. I would suggest priority USPS mail with tracking since Fed Ex will not deliver to Post Office Boxes. Even if you don't think your client's claims fall with the class definition I am strongly urging all my colleagues with any kind of first party UM/UIM claim against Allstate or one of its list of subsidiaries [and the list is long] to opt out of this class action settlement immediately!!

Below is the information from the website on opting out:
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How do I get out of the settlement?

If you are a Class Member and don't want benefits from this settlement, and/or you want to keep the right to sue Allstate or CNA about the issues in this case, or to maintain a lawsuit you are already prosecuting , then you must take steps to get out of the Settlement Class. This is called excluding yourself from—or is sometimes referred to as "opting out" of—the Settlement Class. If you are already suing Allstate or CNA on a claim that could be resolved by this settlement then you should bring the Notice to the lawyer who is representing you to obtain legal advice.

If you are a Class Member and you want to exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the Allstate/CNA Settlement Class in Cazares v. Allstate Insurance Company, et al . Be sure to include the case number (No. CV-2009-72-3), your full name, address, and your signature. You must mail your request for exclusion postmarked by June 5, 2009 to:

Allstate/CNA Exclusions
P.O. Box 3410
Portland, OR 997208-3410

You cannot exclude yourself on the phone, by email, or on this website.

If you have more than one claim that fits within the Settlement Class definition, you must request exclusion separately for each claim, on a claim-by-claim basis. Please also understand that other than a few exceptio ns, only you can request exclusion from the c lass. The exceptions are that (a) parents may request exclusion for minors, (b) an administrator/administratrix or an executor/executrix may request exclusion for a deceased Class Member's estate, (c) a guardian or conservator of an incapacitated Class Member or minor may request exclusion for the incapacitated or minor Class Member, and (d) a person who is the legally appointed representative for a Class Member responsible for handling all of the Class Member's business affairs pursuant to a valid power of attorney, may request exclusion for the Class Member in question. Other than these situations, only a Class Member can request exclusion from the Class. While your lawyer may assist y ou, your lawyer cannot request exclusion from the Class on your be half, unless the lawyer meets one of the conditions specified above (e.g., is an adminstrator/administratrix, is a legal guardian, or is responsible for handling all of your business affairs pursuant to a valid power of attorney).

Requests for exclusions submitted on behalf of a group or class of persons are invalid and ineffective.

What Allstate and CNA companies are part of the settlement?

The settlement includes all parents, subsidiaries and affiliates of the following Allstate companies: Allstate Assurance Company, Allstate Corporation, Allstate Corporation, Allstate County Mutual Insurance Company, Allstate Financing I, Allstate Financing II, Allstate Financing III, Allstate Financing IV, Allstate Financing V, Allstate Financing VI, Allstate Fire & Casualty Insurance Co., Allstate Floridian Indemnity Company, Allstate Floridian Insurance Company, Allstate Life Global Funding Trusts, Allstate Indemnity Company, Allstate Insurance Company, Allstate Life Funding, LLC, Allstate New Jersey Insurance Company, Allstate North American Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Reinsurance Ltd., Allstate Texas Lloyd's, Deerbrook Insurance Company, Encompass Floridian Indemnity Company, Encompass Floridian Insurance Company, Encompass Insurance Company of New Jersey, Encompass Home and Auto Insurance Company, Encompass Independent Insurance Company, Encompass Insurance Company of America, Encompass Property and Casualty Company, First Colonial Insurance Company, and Surety Life Insurance Company.

The settlement also includes all parents, subsidiaries and affiliates of the following CNA companies (personal lines only): the American Casualty Company of Reading, PA, Boston Old Colony Insurance Company, Buckeye Union Insurance Company, CNA Casualty of California, CNA Casualty Company of Texas, f/k/a CNA Lloyds of Texas, CNA Casualty of Puerto Rico, Columbia Casualty Company, Commercial Insurance Co. of Newark NJ, Continental Casualty Company, Continental Insurance Co. of NJ, Continental Insurance Company, Continental Assurance Company, Continental Lloyd's Insurance Company, Fidelity and Casualty Co. of NY, Firemen's Insurance Co. of Newark NJ, Galway Insurance Company, Glen Falls Insurance Company, Kansas City Fire and Marine Insurance Co., Mayflower Insurance Company, Ltd, National Ben Franklin Insurance Co. of IL, National Fire Insurance Co. of Hartford, Niagara Fire Insurance Company, Pacific Insurance Company, Transcontinental Insurance Company, Transportation Insurance Company, and Valley Forge Insurance Company.

Requests for exclusions submitted on behalf of a group or class of persons are invalid and ineffective.