Those Settlement. Class Members whose responses meet the agreed-upon criteria will be eligible for a Medical Evaluation.
Those Settlement. Class Members who would have had a valid claim for automobile policy coverage with KFB but for KFB’s use of the “Dual Purpose Notice” resulting in purported cancellation of their automobile policy for failure to pay the premium by the date stated on the “Dual Purpose Notice” when the claim for coverage arose within ten (10) days of the purported policy cancellation and there was no similar coverage with another carrier, can timely submit a Claim Form (attached as Ex. E) requesting that KFB review the claim as if the policy had not been cancelled provided that the Settlement Class Member cooperates with gathering the necessary information to evaluate the claim. All available defenses, other than policy cancellation for failure to pay premium, that KFB might have with respect to determining whether any such claim should be paid and in what amount will be applicable, including but not limited to prior resolution of the claim through a Court proceeding, settlement and release, payment, accord and satisfaction, and all applicable statutory or contractual limitations. The only relief available to Settlement Class Members who file Claim Forms pursuant to this provision is for actual contractual damages. No extra-contractual damages or derivative extra-contractual claims of any kind will be available through this process. No attorneys’ fees or costs other than those described herein are to be awarded through this process. KFB will process the Claim Form and provide written notification of the resolution of the Claim to the Settlement Class Member within 90 days of receipt of the Claim. The Settlement Class Member has 14 days after the date that KFB mails written notification to the Settlement Class Member at the address provided on their Claim Form of resolution of the Claim to contact KFB to contest the resolution of the Claim. The Settlement Class Member will have thirty (30) days after the date that KFB mails written notification to the Settlement Class Member at the address provided on their Claim Form of resolution of the Claim to submit the Claim to binding arbitration to be held in Jefferson County, Kentucky in accordance with the provisions of the American Arbitration Association and its Consumer Arbitration Rules or Commercial Arbitration Rules with each party to bear their own costs, attorneys’ fees, and expenses related to the arbitration proceeding. The written notification by KFB shall clearly provide to the Settlement Class Member the deadline to con...
Those Settlement. Class Members who submit a Claim Form (“Claimants”) will be asked to provide identifying information. The Claimant will have the opportunity to upload or otherwise provide proof of purchase evidencing their purchases.
