Progressive Insurance will not have to face two class actions by Pennsylvania insureds alleging that the insurer systematically underestimated the actual cash value (ACV) of their totaled vehicles and thus breached its insurance agreements with them under state law.
The U.S. Court of Appeals for the Third Circuit has reversed rulings by a federal district court in Pennsylvania that certified the two lawsuits as class actions. The Third Circuit appeals court ruled that proving whether Progressive underpaid each class member is an individual issue incapable of proof on a class-wide basis. Because that individual issue