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McCRACKEN v. PROGRESSIVE DIRECT INS. CO.

Nos. 17-1285, 17-1286.

896 F.3d 1166 (2018)

Brenda McCRACKEN; Christa Hecht, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. PROGRESSIVE DIRECT INSURANCE COMPANY; Progressive Preferred Insurance Company, Defendants-Appellees. Jerry Archuleta, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. USAA Casualty Insurance Company; United Services Automobile Association, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED July 24, 2018.

Attorney(s) appearing for the Case

Nelson A. Waneka , of Levin Sitcoff PC, Denver, Colorado ( Bradley A. Levin and Susan S. Minamizono , of Levin Sitcoff PC, Denver, Colorado, and Keith R. Scranton and Patricia A. Meester , of Franklin D. Azar and Associates, P.C., Aurora, Colorado, with him on the briefs), for Plaintiff-Appellants.

Casie D. Collignon ( Sammantha J. Tillotson with her on the brief), of Baker & Hostetler LLP, Denver, Colorado, for Progressive Direct Insurance Company and Progressive Preferred Insurance Company, Defendants-Appellees.

Casie D. Collignon , of Baker & Hostetler LLP, Denver, Colorado ( Michael Mulvaney , Thomas Butler , and Taryn Hodinka , of Maynard Cooper & Gale, Birmingham, Alabama, and Jon F. Sands and Marilyn S. Chappell , of Sweetbaum Sands Anderson PC, Denver, Colorado, with her on the brief), for USAA Casualty Insurance Company and United Services Automobile Association, Defendants-Appellees.

Before LUCERO, PHILLIPS, and MORITZ, Circuit Judges.

The plaintiffs in these consolidated appeals each settled a claim under their automobile-insurance policies with the defendants. But now the plaintiffs maintain that the defendants illegally reduced their settlement offers by taking into account certain benefits they had previously paid the plaintiffs. The district courts...

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