Joseph Harvey Gautreaux v. Louisiana Farm Bureau Casualty Insurance Company

Frequently Asked Questions

1. Basic Information

1. Why did I get this Notice?

   Louisiana Farm Bureau’s records show that you received payment for total loss of a motor vehicle between July 1, 2013 and April 1, 2020. A Court decided to allow a class action lawsuit to proceed against Louisiana Farm Bureau related to how it calculated the value of the vehicle for which you claimed a total loss. You have legal rights and options that you may exercise before trial. The trial is to decide whether the claims being made against Louisiana Farm Bureau are correct. The case may settle or be dismissed before a trial or on appeal.

   Judge Anthony Thibodeaux, of the State of Louisiana, 16th Judicial District Court for the Parish of St. Martin currently is overseeing this case. The case is known as Joseph Harvey Gautreaux v. Louisiana Farm Bureau Casualty Insurance Company, Docket No. 081835-A.

2. What is a class action and who is involved?

   In a class action lawsuit, one or more people called “Class Representatives” (in this case Joseph Gautreaux, Wilfred Meaux, Yvette Beauchamp, and Susan Lagneaux) sue on behalf of other people who have similar claims. Together, those other people are a “Class” or “Class Members.” The Class Representative(s) who sued—and all the Class Members like them—are called the Plaintiffs. The company they sued (in this case Louisiana Farm Bureau) is called the Defendant. One court resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.

   The Class Representatives are Joseph Gautreaux, Parish of St. Martin, Arnaudville, Louisiana. Wilfred Meaux, Cameron Parish, Cameron, Louisiana, Yvette Beauchamp, St Martin Parish, St Martinville, Louisiana, Susan Lagneaux, Lafayette Parish, Lafayette Louisiana. The class representatives may be contacted by referring to counsel’s contact information listed in FAQ #14

3. Why is this lawsuit a class action?

   The Court decided that this lawsuit can be a class action and move toward a trial because it meets the requirements of Louisiana Code of Civil Procedure, Article 591, et. seq., which governs class actions in Louisiana state courts. Specifically, the Court found that the Class Members are sufficiently numerous, there are questions of law and fact that are common to all Class Members that predominate over questions affecting individual Class Members, the Class Representative’s claims are typical of those of the Class, the Class Representative and Class Counsel are adequate to represent the Class, and proceeding as a Class is superior to the alternatives.

4. The Claims in the Lawsuit

4. What is the complaint about?

   This lawsuit is about whether Louisiana Farm Bureau’s calculations for total loss vehicles in Louisiana resulted in insureds being paid less for their vehicles than the amount which they were entitled to under their insurance policies. You can read Plaintiff’s Class Action Complaint here. Plaintiff alleges that Louisiana Farm Bureau uses the Mitchell Work Center Total Loss (“WCTL”) system, and that the WCTL method of valuation results in insureds being paid less than they are entitled for their total loss vehicle claims. Plaintiff alleges that this conduct by Louisiana Farm Bureau violates the law.

5. How Does Louisiana Farm Bureau Answer?

   Louisiana Farm Bureau denies these claims, and contends that it has paid the amount owed, and fully complied with the terms of the policies and Louisiana Law. In addition, Louisiana Farm Bureau has asserted multiple affirmative defenses including but not limited to the contention that many, if not all of the claims have been resolved by valid compromises with individual insureds. You can read Defendant’s Answer to Plaintiff’s Class Action Complaint here.

6. Has the Court decided who is right?

   The Court has not decided whether Plaintiff or Defendant is right. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiff will win or lose this case.

7. What are the Plaintiffs asking for?

   The Plaintiff is asking that the Class be compensated for breach of insurance contract, statutory penalties and attorney’s fees under Louisiana Revised Statute 22:1973(A) and (B)(5) and 22:1892.

8. Is there any money available now?

   No money or benefits are available now because the Court has not yet decided whether Louisiana Farm Bureau did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If benefits are obtained, and you do not remove yourself from the Class, you will be compensated or be notified about how to ask for a share of the proceeds.

9. Who is in the Class

9. Am I part of this Class?

   Judge Thibodeaux has certified a Class that includes all named Louisiana Farm Bureau Insureds who received payment for total loss motor vehicles located in the State of Louisiana, under the terms of their collision automobile insurance policy with Louisiana Farm Bureau Insurance Company, utilizing the Mitchell Work Center Total Loss (WCTL) system, from July 1, 2013 to the April 1, 2020.

10. How can I confirm that I am in the Class?

    If you are not sure whether you are included in the Class, you may contact Class Counsel. Their contact information is located on the Contact Us page of this website.

11. Your Rights and Options

11. What happens if I do nothing at all?

    You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing you are staying in the Class and you will be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action. If you stay in the Class and the Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you will either be compensated automatically or be notified about how to apply for a share. You may be required to take further action as the court deems necessary, such as submitting a proof of claim in order to participate in any recovery had by the class.

    If Louisiana Farm Bureau prevails, you will receive nothing. Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to sue Louisiana Farm Bureau about any legal claim that is or could have been included in this lawsuit.

12. Why would I ask to be excluded?

    You may want to be excluded from this litigation because you do not agree with the lawsuit or because you wish to pursue your own claim.

    If you wish to exclude yourself for any reason you will not get any money or benefits from this lawsuit. If you want to pursue your claim individually, you should consult your own attorney because your claim may be subject to a statute of limitations.

13. How do I ask the Court to exclude me from the Class?

    You may exclude yourself electronically by submitting the Exclusion Request here or by mail by printing the Exclusion Request Form located in the “Important Documents” section of the website and mailing to Class Action Opt Out & Objection, Attn: Gautreaux v. Louisiana Farm Bureau Casualty Insurance Company, PO Box 58841, Philadelphia, PA 19102. The Exclusion Request must be submitted online or postmarked by Wednesday July 15, 2020.

14. The Lawyers Representing You

14. Do I have a lawyer in this case?

    Yes. The Court appointed the following lawyers, among others, as “Class Counsel” to represent all the members of the Class:

    Stephen Murray, Jr.
    Murray Law Firm
    650 Poydras St., Suite 2150
    New Orleans, LA 70130
    Phone: 504-525-8100

    Kenneth D St Pe
    Law Firm of Kenneth D St Pe
    311 University Ave, Suite A
    Lafayette, LA 70506
    Phone: 337-534-4043

    If you have questions, you may contact these lawyers. You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, however, you may hire one at your own expense.

15. Should I get my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. You can ask him or her to appear in Court for you in this case if want someone other than Class Counsel to speak for you.

16. How will the lawyers be paid?

    Class Counsel have not been paid or reimbursed for their time and expenses incurred in pursuing this case. You will not have to pay these fees and expenses. If Class Counsel obtains money or benefits for the Class, they may ask the Court for fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Louisiana Farm Bureau.

17. What Happens Next

17. How and when will the Court decide who is right?

    Unless the case is resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs’ claims at a trial. No trial date has been set yet. During the trial, a jury or the Judge will hear all of the evidence to help them reach a decision about whether the Plaintiffs or Defendant is right about the claims in the lawsuit.

18. Do I have to come to the trial?

    You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and Louisiana Farm Bureau will present the defenses. You or your own lawyer are welcome to come to the trial at your own expense.

19. Getting More Information

19. How do I get more information?

    You may review the Court’s Order Certifying the Class, the Complaint that the Plaintiff submitted and, the Defendant’s Answer to the Complaint by selecting these links or going to the Important Documents Page.