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The Court authorized this website because
you have a right to know about the settlement, and all of your options,
before the Court decides whether to give “final approval”
to the settlement. This website explains
the nature of the litigation
that is the subject
of the settlement, the general
terms of the settlement, and your legal rights and options.
Judge Richard L. Young of the United States District Court Southern District of Indiana is overseeing this case captioned as Weigand, et al. v Group 1001 Insurance Holdings, LLC, et al., Case No.: 1:23-cv-01452-RLY-TAB. The people who brought the litigation are called the Plaintiffs. The companies being sued, Group 1001 Insurance Holdings, LLC, et al., are called the Defendants.
The Litigation alleges Defendants were liable for the Data Incident under claims for negligence, negligence per se, breach of implied contract, unjust enrichment, breach of fiduciary duty, breach of confidence, and intrusion upon seclusion/invasion of privacy, and the litigation also sought a declaratory judgment.
Defendants deny these claims and say they did nothing wrong. No court or other judicial entity has made any judgment or other determination that Defendants have done anything wrong.
In a class action,
one or more people called
Class Representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these
people are called a “Class”
or, if settling, a “Settlement Class,”
and the individuals are called “Class Members.” One court resolves the issues for all Class Members,
except for those who exclude themselves from the
Settlement Class.
The Court has not decided
in favor of the Plaintiffs or Defendants. Instead, both sides agreed to the settlement in the Agreement. The settlement
avoids the cost and risk of a trial and related appeals, while providing
benefits to Class Members. The Class Representatives appointed to represent the
Settlement Class, and the attorneys for the Settlement Class (“Class Counsel,” see
Question 18) think the settlement is best for all Class Members.
You
are affected by the settlement and are potentially a Class Member if you are identified
on the Class List, which means your personal information may have been
compromised as a result of the Data Incident.
Only Class Members are eligible to receive benefits under the settlement. Specifically excluded from the Settlement Class are all persons who timely and validly request exclusion from the Settlement Class, the Judge assigned to evaluate the fairness of this settlement, and any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
If you are not sure whether you are included in the settlement, you may call (833) 522-7100 with questions. You may also write with questions
to:
Weigand,
et al., v Group 1001 Insurance Holdings, LLC, et al.
c/o Kroll Settlement
Administration LLC
PO Box 5324
New York, NY 10150-5324
The settlement provides that Defendants pay $4,759,470 into a non-reversionary Settlement
Fund. After the distribution of Attorneys’
Fees Amount; Class Counsel’s litigation expenses, Costs of Summary and Administration, and
Service Awards to the Class Representatives, the remaining funds (the “Net
Settlement Fund”) will be used to pay for valid claims for: (a) Out-of-Pocket Losses (b) Lost Time (c) pro rata Cash Payment; and (d) Identity Theft Protection Services.
Note that in the event
total valid claims would cause the pro rata Cash Payment to be less than $5, the pro rata Cash
Payment will be set to $5 and payments on all other valid claims will be
reduced pro rata.
If there are unclaimed funds, the Settlement Administrator will make a cy pres payment subject to adjustment, out of any remaining funds to the Indiana Community Action Association, Inc.
Payment of Attorneys’ Fees Amount; costs and expenses (see Question 19) and the Costs of Summary and Administration of the settlement will also be paid out of the Settlement Fund.
Class Members who submit a valid claim are eligible to receive under
the Agreement:
a) Reimbursement for Out-of-Pocket
Losses: All Class Members are eligible to recover compensation for up
to $5,000 per person for Out-of-Pocket Losses incurred as a result of the Data
Incident, including but not limited to:
• bank
fees, long distance phone charges, cell phone charges (only if charged by the
minute), data charges (only if charged based on the amount of data used),
miscellaneous qualified expenses subject to explanation, such as postage,
notary, fax, copying, mileage, and/or gasoline for local travel;
• fees
for credit reports, credit monitoring, and/or other identity theft insurance
product purchased between the date of the Data Incident and The Deadline to
Submit Claims; Class Members submitting claims for Out-of-Pocket Losses must
submit documentation supporting their claims by an attestation, which is part
of this Claim Form.
b) Reimbursement for Lost Time:
Class Members may make a claim for self-certified time spent related to the
effects or potential effects of the Data Incident. Each Class Member may claim
up to $80 of lost time (calculated at $20/hour, up to 4 hours) by simply
attesting to the fact that they expended such time and describing how the time
was spent.
c) Pro Rata Cash Payment: In the
alternative of reimbursements, any Class Member may submit a claim for a Cash
Payment for no less than $5 (subject to increase based on the total Net
Settlement Fund remaining after payment of all other claim types).
d) Identity Theft Protection Services: In
addition to the benefits above, Class Members can receive 3 years of credit
monitoring and identity theft protection services (including $1,000,000 in
identity theft insurance) at no cost.
To receive a benefit under the settlement, you must complete and submit
a claim here, or by mail to Weigand, et al. v
Group 1001 Insurance Holdings, LLC, et al., c/o Kroll Settlement Administration
LLC, PO Box 5324, New York, NY 10150-5324. Read the Claim Form instructions
carefully, fill out the Claim Form, provide the required documentation, and submit
online by October 10th, 2024. or by mail to be postmarked by
October 10th, 2024.
The Settlement Administrator will decide whether and to what extent any claim made on each Claim Form is valid. The Settlement Administrator may require additional information from you. If you do not provide the additional information in a timely manner, the claim will be considered invalid and will not be paid.
In order for any claim to be valid, the following requirements must be met (all three of these requirements, collectively the “Basic Claim Requirements”):
(i) the claim must be submitted by a Class Member or the Class Member’s authorized legal representative;
(ii) the information required to process the claim on the Claim Form must have been completed;
(iii) the original claim must have been submitted on or before the Deadline to Submit Claims.
A claim for an Identity Theft Protection Services, Cash Payment, or Lost Time will be valid so long as it meets the Basic Claim Requirements.
A claim for Out-of-Pocket Losses will be valid so long as it meets the Basic Claim Requirements and is accompanied by written documentation of the loss sufficient to satisfy the Settlement Administrator that the loss is fairly traceable to the Data Incident.
No later than the Deadline to Submit Claims, the Settlement Administrator must process Claim Forms to determine whether the claim is, in whole or in part, valid, invalid, or deficient.
The Court will hold a hearing
on October 3rd, 2024, at
2:00 p.m. ET to decide
whether to approve the settlement. You do not need to
attend. If the Court approves
the Agreement, there may be appeals
from that decision and resolving them can take time, perhaps more than a year. It also takes time for all of
the Claim Forms to be processed. Please be patient.
The Releasees get a release from all claims covered by this settlement. Thus, if the settlement becomes final and you do not exclude yourself from the settlement, you will be a Class Member and you will give up your right to sue Defendants, Delaware Life Insurance Company of New York, First Security Benefit Life Insurance and Annuity Company of New York, Standard Security Life Insurance Company of New York, and Heartland National Life Insurance Company, and all of their respective past, present, and future employees, officers, directors, affiliates, agents, vendors, attorneys, insurers, successors, parent companies, subsidiaries, and shareholders from all known and unknown claims, demands, damages, causes of action or suits seeking damages, or other legal or equitable relief arising out of or in any way related to the Data Incident, including claims asserted or which could have been asserted in the Litigation. The release is described in the Agreement, which is available on the Settlement Agreement. If you have any questions, you can contact the law firms listed in Question 18 for free or you can talk to your own lawyer.
No. If you exclude
yourself, you will not be entitled
to receive any benefits from the settlement and you will not be bound
by any judgment.
No. Unless
you exclude yourself, you give up any right to sue any Releasees
for the claims that this
settlement resolves. You must exclude yourself
from the Settlement Class to start your own lawsuit or to be part of any
different lawsuit relating
to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for any benefit
under the Agreement.
To exclude yourself, send a letter or request to opt out that
says you want to be excluded from the settlement in Weigand,
et al. v Group 1001 Insurance Holdings, LLC, et al., Case No. 1:23-cv-01452-RLY-TAB.
The letter must: (a) state your full name, address, and telephone number; (b)
contain your personal and original signature or the original signature of a
person authorized by law to act on your behalf; and (c) state unequivocally
your intent to be excluded from the Agreement. You must mail your exclusion request to be postmarked
by the Deadline to Opt-Out September 10th, 2024, to:
Weigand, et al. v
Group 1001 Insurance Holdings, LLC, et al.
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY
10150-5324
You can tell the Court that you do not agree with the settlement or some part of it
by objecting to the settlement. To object,
you must mail your objection to the Settlement Administrator at the mailing addresses listed
below, to be postmarked by no later than
the Deadline to Object, September 10th, 2024:
Weigand,
et al. v Group 1001 Insurance Holdings, LLC, et al.
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY
10150-5324
The Settlement Administrator will forward your objection and any
accompanying documentation to Class Counsel and counsel for Defendants, and
Class Counsel will file it with the Court.
Your objection must be written and must include all of the
following: (i) your full name and address; (ii) the case name and docket
number, Weigand, et al. v Group 1001 Insurance Holdings, LLC, et al.,
Case No. 1:23-cv-01452-RLY-TAB;
(iii) information identifying you as a Class Member; (iv) a statement as to
whether the objection applies only to you, to a specific subset of the Settlement
Class, or to the entire Settlement Class; (v) a detailed written statement of
the specific legal and factual basis for each and every objection, accompanied
by any legal support for the objection the objector believes applicable; (vi)
the identity of any counsel representing you in connection with the objection;
(vii) a statement whether you intend to appear at the Final Approval Hearing,
either in person or through counsel; (viii) a list of all persons who will be
called to testify at the Final Approval Hearing in support of the objections
and any documents to be presented or considered; and (ix) your signature or the
signature of the your duly authorized attorney or other duly authorized
representative (if any) representing you in connection with the objection.
Objecting is telling
the Court that you do not like the settlement and why you do not think it should be approved.
You can object only if you are a Class Member. Excluding
yourself is telling the Court that you do not want to be part of the Settlement
Class and do not want to receive any payment from the settlement. If you exclude yourself, you have no basis to object because
you are no longer a Class
Member, and the case no longer affects you. If you submit both a valid objection and a valid request to
be excluded, you will be
deemed to have only submitted the request to be excluded.
Yes. The Court appointed Lynn A. Toops of Cohen & Malad, LLP;
and J. Gerard Stranch, IV, of Stranch, Jennings & Garvey, PLLC, as Class
Counsel to represent the Settlement Class in settlement negotiations. If you
want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will ask the Court for an award for attorneys’ fees
up to approximately $1,460,324.33, plus reasonable
expenses. This payment for attorneys’ fees
will be made out of the Settlement Fund.
Class Counsel will also ask the Court for a Service Award up to $5,000 for each of the Class Representatives.
Any award for Attorneys’
Fees Amount for Class Counsel, and for Service Awards to the Class Representatives must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s
papers in support of final approval
of the settlement will be filed no later than September 19th, 2024 and their motion for attorneys’ fees, expenses, and Service Awards will be filed no later than
August 26th, 2024 and will be posted on the Settlement
Website.
The Court will hold a Final Approval
Hearing at 2:00 p.m. ET on October 3rd, 2024, at the Birch
Bayh Federal Building & U.S. Courthouse 46 East Ohio Street, Indianapolis IN 46204 or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider
whether the settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider
them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request
for Service Awards for the Class
Representatives. After the hearing,
the Court will decide whether to approve the settlement. We do
not know
how long these decisions will take.
The hearing may be moved to a different date or time without additional notice,
so Class Counsel recommends checking this website, or calling (833) 522-7100.
No. Class Counsel will present
the Agreement to the Court. You or your own
lawyer are welcome to attend at your expense, but
you are not required to do so. If you
send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection
on time with the Court and mailed it according
to the instructions provided in Question 16, the Court will consider it.
You may ask the Court for permission to speak at the Final Approval Hearing.
To do so, you must file an objection
according to the instructions in Question 16, including
all the information required.
If you do nothing,
you will not get any money from this settlement. If the settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit,
continue with a lawsuit,
or be part of any other lawsuit against
Defendants or the other released persons based
on any of the released claims.
This notice summarizes the settlement. More details, and definitions for certain capitalized terms in this notice, are in the Agreement itself. A copy of the Agreement is available here. You may also call or email the Settlement Administrator with questions, update your contact information or to receive a Claim Form at (833) 522-7100.
