During the relevant period, GEICO had a uniform policy of not paying title fees or license plate transfer fees in Florida total loss claim settlements. Each of the plaintiffs' claims against GEICO stemmed from total loss claims settled by GEICO that did not include compensation for title or license plate transfer fees.

The plaintiffs contended that GEICO had breached its contracts with them and the class by failing to pay title fees or license plate transfer fees as part of actual cash value payments after total losses.

The parties moved for summary judgment.

The District Court's Decision

The district court granted summary judgment in favor of the plaintiffs, concluding that the Policy required GEICO to pay title fees and license plate transfer fees as components of loss in the event of a total loss.

In its decision, the district court explained that the Policy limited GEICO's loss liability to “actual cash value,” defined as “the replacement cost of the [insured vehicle] less depreciation or betterment.”

The district court then ruled that title transfer fees were a component of actual cash value, reasoning that title transfer fees were costs an insured was “reasonably likely to incur” in replacing his or her vehicle.

The district court next decided that license plate transfer fees also were included in actual cash value, noting that they had to be paid within 30 days of the purchase of a replacement vehicle and rejecting GEICO's argument that transfer fees were not part of replacement cost because the fees were incurred after purchasing a replacement vehicle.

Accordingly, the district court concluded that GEICO materially breached its contracts with the plaintiffs by failing to include these fees in total loss claim settlements. It awarded each of the named plaintiffs damages in the amount of $79.35 and ruled that class members also were each entitled to damages in the amount of $79.35.

The case is Jones v. Government Employees Ins. Co., Nos: 6:17-cv-891-Orl-40LRH, 6:17-cv-1755-Orl-40LRH (M.D. Fla. July 19, 2019). Attorneys involved include: For Maurice Jones, as Personal Representative and on behalf of the Estate of Kailyn Jones, Individually and on behalf of all others similarly situated, Anthony C. Cook, individually and on behalf of all others similarly situated, Plaintiffs (6:17cv891): Bradley W. Pratt, LEAD ATTORNEY, Pratt Clay, LLC, Atlanta, GA USA; Christopher B. Hall, LEAD ATTORNEY, PRO HAC VICE, Hall & Lampros, Atlanta, GA USA; Christopher J. Lynch, LEAD ATTORNEY, Christopher J. Lynch, P.A, South Miami, FL USA; Edmund A. Normand, LEAD ATTORNEY, Normand Law, PLLC, Orlando, FL USA; Tracy Lynne Markham, LEAD ATTORNEY, Avolio & Hanlon, PC, St Augustine, FL USA; Jacob Lawrence Phillips, Normand PLLC, Orlando, FL USA. For Micah Bellamy, individually and on behalf of all others similarly situated, Plaintiff (6:17cv891): Christopher J. Lynch, LEAD ATTORNEY, Christopher J. Lynch, P.A, South Miami, FL USA; Edmund A. Normand, Jacob Lawrence Phillips, LEAD ATTORNEYS, Normand PLLC, Orlando, FL USA; Peter Andrew Lampros, LEAD ATTORNEY, PRO HAC VICE, Hall & Lampros, Atlanta, GA USA; Tracy Lynne Markham, LEAD ATTORNEY, Avolio & Hanlon, PC, St Augustine, FL USA. For Anthony Lorenti, individually and on behalf of all others similarly situated, Ashley Barrett, individually and on behalf of all others similarly situated, Consol Plaintiffs (6:17cv891): Bradley W. Pratt, LEAD ATTORNEY, Pratt Clay, LLC, Atlanta, GA USA; Christopher B. Hall, Peter Andrew Lampros, LEAD ATTORNEYS, PRO HAC VICE, Hall & Lampros, Atlanta, GA USA; Christopher J. Lynch, LEAD ATTORNEY, Christopher J. Lynch, P.A, South Miami, FL, USA; Edmund A. Normand, LEAD ATTORNEY, Normand Law, PLLC, Orlando, FL USA; Jacob Lawrence Phillips, LEAD ATTORNEY, Normand PLLC, Orlando, FL USA; Tracy Lynne Markham, LEAD ATTORNEY, Avolio & Hanlon, PC, St Augustine, FL USA. For Government Employees Insurance Company, a foreign corporation, Geico General Insurance Company, a foreign corporation, Defendants (6:17cv891): Alexander Fuchs, Kymberly Kochis, LEAD ATTORNEYS, PRO HAC VICE, Eversheds Sutherland LLP, New York, NY USA; Amelia Toy Rudolph, LEAD ATTORNEY, Eversheds Sutherland (US) LLP, Atlanta, GA USA; Susan Banks Harwood, LEAD ATTORNEY, Kaplan Zeena LLP, Miami, FL USA. For Geico Indemnity Company, Consol Defendant (6:17cv891): Alexander Fuchs, Kymberly Kochis, LEAD ATTORNEYS, PRO HAC VICE, Eversheds Sutherland LLP, New York, NY USA; Amelia Toy Rudolph, LEAD ATTORNEY, Eversheds Sutherland (US) LLP, Atlanta, GA USA; Susan Banks Harwood, LEAD ATTORNEY, Kaplan Zeena LLP, Miami, FL USA. For Anthony Lorenti, on behalf of himself, and all others similarly situated, Plaintiff (6:17-cv-01755-PGB-KRS): Bradley W. Pratt, LEAD ATTORNEY, Pratt Clay, LLC, Atlanta, GA; Christopher J. Lynch, LEAD ATTORNEY, Christopher J. Lynch, P.A, South Miami, FL; Peter Andrew Lampros, LEAD ATTORNEY, PRO HAC VICE, Hall & Lampros, Atlanta, GA; Tracy Lynne Markham, LEAD ATTORNEY, Avolio & Hanlon, PC, St Augustine, FL; Edmund A. Normand, Normand Law, PLLC, Orlando, Fl; Jacob Lawrence Phillips, Normand PLLC, Orlando, Fl. For Geico Indemnity Company, Defendant (6:17-cv-01755-PGB-KRS): Amelia Toy Rudolph, LEAD ATTORNEY, Eversheds Sutherland (US) LLP, Atlanta, GA; Susan Banks Harwood, LEAD ATTORNEY, Kaplan Zeena LLP, Miami, FL.