In Re GEICO General Insurance Company

I. BACKGROUND

17 On June 27, 2019, Plaintiffs, on behalf of themselves and all others similarly situated, filed 18 a complaint alleging breach of contract claims against GEICO. Dkt. No. 1 (“Compl.”). Plaintiffs 19 obtained GEICO private passenger automobile physical damage insurance policies, which 20 included comprehensive and collision coverage (the “Policy”). Compl. ¶ 1. Plaintiff Munoz 21 leased a vehicle and was in an accident on February 24, 2017, which rendered her vehicle a total 22 loss. Id. ¶¶ 45–46. Plaintiff Ventrice-Pearson owned a vehicle and was in an accident on 23 November 14, 2018, which rendered her vehicle a total loss. Id. ¶¶ 58–59. GEICO provided 24 letters to both Plaintiffs determining the base values of the vehicles. Id. ¶¶ 47, 58–63. 25 Plaintiffs allege that GEICO failed to pay the actual cash value for the total loss claims of 26 Plaintiffs and others in the putative class. The Policy states that GEICO “will pay for collision 27 loss to the owned auto or non-owned auto for the amount of each loss less the applicable deductible.” Id. ¶ 16. Plaintiffs argue that GEICO breached this provision by failing to pay sales tax owed where the…