Thought Leadership

The plaintiffs filed a class action lawsuit in the Cuyahoga County Common Pleas Court, alleging that an insurer’s use of projected sold adjustments (PSA) in calculating the actual cash value (ACV) of vehicles when settling total loss claims was arbitrary and contrary to appraisal standards and methodologies, and not based in fact. The plaintiffs filed for class certification, and the insurer opposed it. The trial court granted class certification, and the insurer appealed. The insurer argued that the trial court erred in finding that common questions predominated for the class, even though the plaintiffs cannot establish liability, standing or damages without an individualized inquiry into the actual cash value of each class member’s vehicle. On appeal, the Ohio Eighth District Court of Appeals affirmed the trial court’s decision certifying the class. The insurer has filed an appeal to the Ohio Supreme Court. The Ohio Supreme Court has not decided whether to accept jurisdiction and hear the appeal. 

There has been no decision on the merits of the plaintiffs’ claims. The only decision made by the trial court was the certification of the class, which was a final appealable order and appealed by the insurer. Even if class certification is affirmed by the Ohio Supreme Court, or jurisdiction is declined, a decision on the merits of the plaintiffs’ claims remains to be determined. 
 

_{Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}