Frequently Asked Questions
In a class action, one or more people called “Class Representatives” file a lawsuit on behalf of other people who have similar claims. This avoids the necessity for a large number of people to file similar individual lawsuits and enables the court system to resolve similar claims in an efficient and economical way.
This Class Action alleges that Farmers Insurance of Columbus, Inc. (“Farmers”) breached its auto insurance policies by failing to include sales tax in claim payments to insureds who sustained first-party total loss claims. Farmers denies any fault, wrongdoing or liability. Farmers denies that it paid any insured less than they were owed and denies that it breached the insurance policy.
Farmers’ records show that during the time period between January 26, 2020, and January 23, 2024, you (a) were an Ohio resident and policyholder with Farmers who made a claim for physical damage to a motor vehicle, (b) received compensation from Farmers for the total loss of your vehicle, and (c) your total loss payment may not have included state and local sales tax calculated on your vehicle. The notice explains that the Court has allowed, or “certified,” the lawsuit described above as a class action and describes Class Members’ legal rights and options in the lawsuit.
The notice explains that the Court has allowed, or “certified,” the lawsuit described above as a class action and describes Class Members’ legal rights and options in the lawsuit.
On January 26, 2022, this class action lawsuit was filed against Farmers in the Court of Common Pleas in Cuyahoga County, Ohio. Plaintiff’s Class Action asserts a claim for breach of contract. Defendant sought to dismiss the Class Action and has also moved for summary judgment. The Court denied the motion to dismiss but has not ruled on the motion for summary judgment. After briefing on Plaintiff’s motion for class certification and a hearing, the Court granted the motion on January 23, 2024. Farmers appealed the class certification ruling and, on January 2, 2025, the Court of Appeals of Ohio for the Eighth Appellate District affirmed the trial court’s grant of class certification, and reversed in part only to require the trial court to clarify the class definition includes only total loss claims.
As amended post-appeal, the Court’s January 3, 2024, order certified a Class including “All Ohio insureds under a policy issued by Defendant Farmers Insurance of Columbus, Inc., covering a vehicle with private-passenger auto physical damage coverage for comprehensive or collision loss, who, within two years prior to the filing of this lawsuit through the date of the certification Order, submitted a first-party property damage claim determined by Farmers to constitute a covered total-loss claim and where the total loss payment did not include the full amount of state and local sales tax calculated on the vehicle’s value.” The Court’s order can be viewed here.
The Class Representative seeks to recover money to compensate members of the Class for the alleged non-payment of their total loss claims, as well as pre- and post-judgment interest, costs, and attorneys’ fees allowable by law. The Class Representative is only challenging the alleged non-payment of sales tax in the adjustment of total loss claims. The Class Representative is not contesting or challenging any other aspect of the valuation process. If you wish to challenge an aspect of the valuation process other than the failure to pay sales tax, you should opt out of the Class and separately file your own claim.
No money or benefits are available now because the Court has not yet decided whether Farmers did anything wrong, and the two sides have not settled the case. There is no guarantee that any money or benefits will be obtained. If they are, you will receive a notice describing how to receive a share of any recovery in which you may be eligible to participate.
If you are a Member of the Certified Class, you have to decide whether to remain a Class Member or ask to be excluded by August 16, 2025.
If you wish to remain a potential member of the certified Class, you are not required to do anything at this time. By remaining a Class Member, you are agreeing that the claims against Farmers will be determined on a class-wide basis. As a member of the Class, you will be bound by the outcome of this lawsuit. If the lawsuit results in a judgment favorable to the Class, you would be entitled to share in the benefits of that judgment. If the outcome is favorable to Farmers, your rights will be determined by the decision rendered in this lawsuit, and you may receive nothing.
If you do not wish to participate in this Class Action, you can request exclusion from the Class. If you choose to be excluded, you will (1) not share in the benefits, if any, that members of the Class may be entitled to as a result of trial of this lawsuit; and (2) not be bound by any decision in this lawsuit favorable to Farmers. If you request exclusion, you will have the right to pursue individually, at your own expense, any claim you may have against Farmers. To request exclusion, you must send an email or written notification entitled “Request for Exclusion” to the following:
Chambers v. Farmers Insurance Administrator
P.O. Box 301130
Los Angeles, CA 90030-1130
To be valid, your “Request for Exclusion” must be sent by August 16, 2025, and must include your name, current address, and your signature. If your Request for Exclusion is not postmarked by August 16, 2025, it will be invalid and you will be included as a member of the Class automatically and be bound by any final judgment.
Yes. The law firms of Shamis & Gentile, P.A. (“SG Law”), Edelsberg Law (“Edelsberg”), and Jacobson Phillips PLLC (“Jacobson Phillips”), collectively referred to as Class Counsel, represent you and other members of the certified Class. If you have any questions for Class Counsel, you may direct those to:
- SG Law at 14 NE 1st Ave., Ste. 705, Miami, FL 33132, or by visiting https://shamisgentile.com; or
- Edelserg at 20900 NE 30th Ave., #417, Aventura, FL 33180, or by visiting https://edelsberglaw.com/; or
- Jacobson Phillips at 2277 Lee Rd., Ste B, Winter Park, FL 32789, or by visiting www.jacobsonphillips.com.
You do not need to hire your own lawyer. However, you are free to hire your own lawyer, at your own expense, and enter an appearance in this action through your lawyer if you so desire.
If Class Counsel get money or benefits for the Class, they may ask the Court for fees and expenses. If the Court grants Class Counsel’s request, Class Counsel’s fees and expenses would either be deducted from any money obtained for the Class or paid separately by Farmers.
No hearing or other proceeding has been scheduled at this time.
If there are any court hearings, Class Members do not need to attend them. The Class Representative and Class Counsel will present the case for the Class. You or your own lawyer are welcome to come at your own expense.
The notice contains only a summary of the Class Action and proceedings to date. Complete copies of public pleadings, Court rulings and other filings are available for review and copying at the office of the Clerk of the Court for the Court of Common Pleas for Cuyahoga County, Ohio, at 1200 Ontario Street, Cleveland, OH 44113. Additional information is also available at the website maintained for this Class Action, or by contacting Class Counsel at the address provided above.
PLEASE DO NOT CONTACT THE COURT, THE CLERK’S OFFICE, DEFENDANT, YOUR FARMERS AGENT, OR DEFENDANT’S COUNSEL TO ASK QUESTIONS ABOUT THIS CLASS ACTION OR THIS NOTICE. THEY CANNOT ANSWER ANY QUESTIONS OR DISCUSS THE CLASS ACTION.