West Bend Mutual Insurance Class Action Settlement

Consumers who had a personal or commercial property insurance policy with West Bend Mutual Insurance Co. and made a structural loss claim in Illinois, Kentucky, Missouri, Ohio, Tennessee, Virginia or Wisconsin during the relevant period may be eligible to claim a cash payment from a class action settlement.

West Bend Mutual Insurance Co. agreed to settle a class action lawsuit alleging it improperly deducted nonmaterial depreciation from certain structural loss insurance claims.

Who can file a claim?

Class members must meet all of the following criteria:

• They had a personal or commercial property insurance policy issued by West Bend Mutual Insurance Co.
• They made a structural loss claim for property located in Illinois, Kentucky, Missouri, Ohio, Tennessee, Virginia or Wisconsin during the applicable class period.
• West Bend used an Xactimate estimate to determine the actual cash value payment for their claim.
• West Bend issued them an ACV payment and withheld nonmaterial depreciation or would have issued an ACV payment but withholding nonmaterial depreciation caused the loss to drop below the deductible.

The class periods are as follows:

• For Illinois, Kentucky, Ohio, Tennessee, Virginia and Wisconsin: Date of loss between March 29, 2020, and June 30, 2022
• For Missouri: Date of loss between March 29, 2012, and June 30, 2022

“Nonmaterial depreciation” refers to depreciation of labor costs, overhead and profit, and other nonmaterial items (excluding sales tax) as West Bend calculated in Xactimate software.

“Structural loss” means physical damage to a home, building, manufactured home, condo, rental dwelling or other structure located in the class states while covered by a West Bend personal or commercial property insurance policy.

Who is excluded from the class?

• Policyholders whose claims arose under policy forms, endorsements or riders that expressly permit nonmaterial depreciation (using the words “depreciation” and “labor”)
• Policyholders who received ACV payments that exhausted their policy limits
• Policyholders whose claims West Bend denied or abandoned without an ACV payment for any reason other than the withholding of nonmaterial depreciation causing the loss to drop below the deductible
• Policyholders whom West Bend did not generate an Xactimate estimate for

How much can class members receive?

The amount class members can claim depends on the state where West Bend issued the policy and whether it paid nonmaterial depreciation:

• For policies issued in Illinois, Kentucky, Missouri, Ohio or Tennessee: Eligible class members who file a valid claim can receive 100% of the nonmaterial depreciation West Bend withheld from ACV payments and did not subsequently pay or that would have resulted in an ACV payment but for the withholding plus simple interest of 5% per year from the date of the final ACV payment through July 1, 2025.
• For policies issued in Virginia or Wisconsin: Eligible class members who file a valid claim can receive 80% of the nonmaterial depreciation West Bend withheld from ACV payments and did not subsequently paid or that would have resulted in an ACV payment but for the withholding plus simple interest of 5% per year from the date of the final ACV payment through July 1, 2025.

If West Bend subsequently paid nonmaterial depreciation, the settlement payment is based on the following schedule:

• $1 to $5,000.99: $25
• $5,001 to $10,000.99: $50
• $10,001 to $20,000.99: $100
• $20,001 to $40,000.99: $200
• $40,001 to $60,000.99: $300
• $60,001 to $80,000: $400
• More than $80,000: $500

How to claim a class action payment

Class members can file the online claim form or download, print, complete and mail the PDF claim form to the settlement administrator. The claim deadline is Feb. 6, 2026.

Settlement administrator’s mailing address: No Joke Depreciation Settlement Administrator, P.O. Box 5988, Portland, OR 97228-5988

Class members who had more than one covered loss during the class period must submit a separate claim form for each loss.

What proof or documentation is required to submit a claim?

• All claimants must provide policyholder and claim information.
• To submit an online claim form, class members must log in with the unique ID and PIN from notice they received.
• Those submitting the claim as a legally authorized representative (for example, for a deceased or incapacitated policyholder) must include documentation proving their legal authority.
• If the insurance claim was assigned to someone else, the claimant must attach a copy of the assignment contract.

Payout options

The settlement administrator will mail checks to qualifying class members.

Settlement fund breakdown

The settlement fund includes.

• Settlement administration costs: To be determined
• Attorneys’ fees and expenses: Up to $1,392,500
• Service award to class representative: Up to $7,500
• Payments to eligible class members: Not affected by other costs

Important dates

• Deadline for exclusion: Dec. 8, 2025
• Final approval hearing: Jan. 7, 2026
• Deadline to file a claim: Feb. 6, 2026

When is the No Joke v. West Bend Mutual payout date?

The settlement administrator will mail payments to qualifying class members after the court resolves any appeals and grants final approval of the settlement.

Why did this class action settlement happen?

The class action lawsuit alleged that West Bend Mutual Insurance Co. improperly deducted nonmaterial depreciation, such as labor and overhead, from structural loss insurance claims in certain states, which may have reduced claim payments below what West End owed policyholders.

West Bend denied any wrongdoing but agreed to settle to avoid the costs and risks of further litigation and trial.

Sources

1. Class notice
2. Claim form
3. Settlement FAQ
4. Settlement agreement