Welcome to the Bhasker v. Financial aka Kemper/Unitrin Settlement Website.

If you were a New Mexico policyholder and insured by Financial aka Kemper/Unitrin and had automobile underinsured motorist insurance coverage (“UIM”) between January 1, 2010, and February 6, 2023 and were injured in a car accident, you may be entitled to a payment as a Class Member in a proposed class action settlement.

A federal court authorized this Notice. This is not a solicitation from a lawyer.

A settlement has been reached in the case against Financial Indemnity Company (“Financial aka Kemper/Unitrin” or “Defendants”). Plaintiff alleged that Financial aka Kemper/Unitrin collected premiums for illusory, i.e., misleading, underinsured motorist automobile insurance coverage (“UIM”).

This Settlement establishes a process for certain individuals involved in automobile accidents that may have been caused, in whole or in part, by an underinsured driver to submit claims and potentially receive a money payment. This is true even if you:

  1. are no longer insured with Financial aka Kemper/Unitrin;
  2. were not the named insured, but instead a passenger in, or an authorized driver of, a vehicle covered by Financial aka Kemper/ Unitrin;
  3. previously made a claim; or
  4. have never made a claim.

For every Class Member who submits a claim, the Settlement entitles eligible Class Members to payment of additional uninsured/ underinsured motorists bodily injury (“UIM”) benefits or a return of 25% of the premiums that were collected for UM/UIM bodily injury benefits.

Financial aka Kemper/Unitrin denies all allegations or wrongdoing, and liability.

This Settlement Website explains:

  • the terms of the Settlement;
  • who is a member of the Class;
  • how to request exclusion from the Settlement;
  • how to object to the Settlement; and
  • how to get more information about the Settlement.

IF YOU ARE A CLASS MEMBER, THIS LEGAL PROCEEDING MAY AFFECT YOUR RIGHTS.

Plaintiff alleged that Financial aka Kemper/Unitrin, which includes Financial Indemnity Company aka Kemper/Unitrin Indemnity Company, Unitrin Auto and Home Insurance Company, Unitrin Safeguard Insurance Company, Response Worldwide Insurance Company and Merastar Insurance Company, and any of their parent, subsidiary, or affiliated companies, breached its contracts (insurance policies) and violated the law by failing to pay certain amounts to Plaintiff and other New Mexico insureds who submitted claims for UIM benefits during the Class Period. Specifically, the Complaint filed in this Action alleges generally that Financial aka Kemper/Unitrin sold “illusory” or misleading UIM coverage in New Mexico automobile insurance policies by failing to explain the effect of an offset against UIM coverage of the tortfeasor’s liability coverage pursuant to Schmick v. State Farm Mutual Automobile Insurance Company, 1985-NMSC-073, 103 N.M. 216, 704 P.2d 1092. Financial aka Kemper/Unitrin maintains that it complied with the terms of the insurance policies and applicable law, has numerous merits and class defenses, and denies it acted wrongfully or unlawfully and continues to deny all material allegations.


Summary of Your Options and the Legal Effect of Each Option
Submit a Claim Form for Payment The deadline to file a claim has passed. The deadline to file a claim was September 12, 2023.
Exclude Yourself from the Case If you exclude yourself (“opt out”), you will not be included in the Settlement. You will receive no benefits, and you will keep any rights you currently have to sue the Defendants.
Object to the Terms of the Settlement If you do not exclude yourself, and if you disagree with the Settlement, you can write to the Court to explain your objection.
Go to the Hearing Ask to speak in Court about the fairness of the Settlement.
Do Nothing Now. Stay in the Case. You will not receive any payment, and you give up your right to sue Defendants about the claims in the case.

These rights and options—and the deadlines to exercise them—are explained in the Notice and on the Frequently Asked Questions page of this Settlement Website.