Loya Insurance 1.95M Settlement Over Underinsured Motorist Coverage Offset Claims

Deadline
Deadline: March 12, 2026
Total Settlement Amount
Total amount allocated for all claims
Individual Payout Range
Estimated amount per eligible claim
Proof of Purchase
Claimants must submit a completed claim form by March 12, 2026. The notice indicates “proof of purchase” as a prior/previous claim form, and claim readjustment requests generally rely on identifying past UIM claims that were reduced or denied based on third-party insurance offsets.
Settlement Summary
Underinsured/Uninsured Motorist (UM/UIM) coverage is designed to protect drivers when the at-fault party doesn’t have enough insurance to fully cover injuries or property damage. The class actions against Loya Insurance Co. and its affiliate Young America Insurance Co. focus on how UIM benefits were calculated for New Mexico policyholders who bought UM/UIM coverage between Oct. 1, 2010, and Feb. 28, 2022. Plaintiffs allege the insurers reduced or denied UIM payouts by applying an “offset” tied to third-party liability limits—meaning the companies treated the other driver’s policy limits as a deduction from what the insured could recover—without properly disclosing that practice and in a way that New Mexico law purportedly does not allow. The lawsuits (Apodaca v. Young America and Swiech v. Loya) were filed because policyholders say this offset misrepresented the real value of the coverage they paid for and unlawfully shrank claim payments when accidents happened, turning a safety-net product into something less protective than advertised. Loya denies wrongdoing but agreed to a $1.95 million settlement, which is significant because it offers two practical remedies: eligible class members can request a readjustment of past bodily injury and/or property damage UIM claims (with up to $800,000 set aside for recalculations), or they can opt for partial refunds of UM/UIM premiums paid during the class period. Beyond New Mexico, the dispute reflects a recurring industry flashpoint—how insurers coordinate benefits between first-party UM/UIM coverage and at-fault drivers’ liability coverage—an area heavily shaped by state statutes and insurance-department oversight, where courts and regulators often scrutinize offsets, disclosures, and policy language to ensure UM/UIM coverage delivers the consumer protection the law intends.
Entities Involved
Eligibility Requirements
- Had an auto insurance policy with Loya Insurance Co. or Young America Insurance Co. (YAIC)
- Resided in New Mexico during the relevant time
- Purchased UM/UIM (uninsured/underinsured motorist) coverage between Oct. 1, 2010 and Feb. 28, 2022
- To seek claim readjustment: previously filed an underinsured motorist (UIM) bodily injury and/or property damage claim that was reduced or denied due to an offset tied to a third party’s insurance limits
- Submit a valid claim form by March 12, 2026
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Important Notice About Filing Claims
Submitting false information in a settlement claim is considered perjury and will result in your claim being rejected. Fraudulent claims harm legitimate class members and may result in legal consequences.
If you are unsure about your eligibility for this settlement, please visit the official settlement administrator’s website using the link provided above. Review the eligibility criteria carefully before submitting a claim.
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