Geico argued that McCoy lacked standing as she suffered no concrete injury because any additional amounts included in her total loss settlement would have been paid to her lienholder, not to her. (Credit: merchantcircle.com)
The U.S. District Court in New Jersey granted plaintiff Diane McCoy class certification in her claim brought against Geico which alleged breach of contract after a 2018 collision rendered her vehicle a total loss, and the insurer failed to pay title or transfer fees for the vehicle.
According to the opinion, McCoy filed her complaint on May 6, 2020, and alleged that she suffered a total loss of her insured vehicle and made a covered claim for physical damage under the collision and comprehensive coverages of her policy. That policy defines the actual cash value with respect to collision and comprehensive coverages as the "replacement cost of the auto or property less depreciation or betterment." The complaint alleged that Geico does not pay the agreed-on replacement costs because it fails to pay costs such as transfer fees and registration transfer fees.
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