Apodaca v. Young America Insurance Co. Class Action

The Court in the Actions known as Frank Apodaca as Personal Representative of the Estate of Yvonne Apodaca v. Young America Insurance Company, United States District Court for the District of New Mexico, Case No. 18-399 KK/JMR and Thomas Swiech v. Loya Insurance Company, United States District Court for the District of New Mexico, Case No. 25-cv-00047 KK/JMR, authorized this Notice because you have the right to know about a proposed settlement of these class action lawsuits and about all of your rights and options before the Court decides whether to approve the Settlement. The Notice explains the Actions, the Settlement, your legal rights, what benefits are available to you and how to get them, and who may be eligible.

The Actions are pending in the United States District Court for the District of New Mexico before federal Magistrate Judge Kirtan Khalsa, who entered an Order preliminarily approving this Settlement on October 29, 2025. A Final Fairness Hearing, at which the Court will consider whether the Settlement is fair, reasonable, adequate, in the best interests of the class, and whether to approve it, is scheduled for March 24, 2026.

For questions about this Settlement or the Actions, do not contact Judge Khalsa or the Clerk of the Court.

The Notice is intended to summarize the Settlement. More details are set forth in a Settlement Agreement. If you want a copy of the Settlement Agreement, or have questions, call 1-877-708-7677, or visit the Important Documents page of this website.

The significance of capitalized words in the Notice is that they correspond to terms that are defined in the Settlement Agreement at paragraphs 15.a. through 15.oo. Certain of those defined terms are also set out in the Notice, but for those that are not, you can refer to the Settlement Agreement, which can be obtained here.

You are part of the Settlement Class if:

• you were a policyholder of YAIC or LIC between October 1, 2010 and February 28, 2022, who (i) resided in New Mexico, and (ii) purchased or otherwise paid premium to YAIC or LIC for an insurance policy that included UM/UIM coverage; and/or
• you were insured under a YAIC or LIC policy between October 1, 2010 and February 28, 2022 and made a claim to YAIC or LIC for UIM benefits after October 1, 2010 under an insurance policy that included UM/UIM coverage but did not include the disclosure or exclusion required by Crutcher v. Liberty Mutual Insurance Company, No. S-1-SC-37478, 501 P.3d 433 (N.M. 2021), and had UIM benefits reduced or denied due to the offset of the insurance coverage limits of a third party responsible for your injuries and/or property damage.

Yes. Excluded from the Settlement Class are (1) any claimant who has separately filed suit against YAIC or LIC up to the Notice Date, the subject of which suit includes the reduction or denial of UIM benefits on the basis of the offset described in Section I.1 of the Settlement Agreement; (2) any individual who has settled a claim for UIM benefits reduced or denied on the basis of the offset described in Section I.1 of the Settlement Agreement, whose claim was adjusted or readjusted without applying the offset, and signed a final release prior to the Notice Date; (3) any claimant whom, at the claimant’s request, LIC has already readjusted a claim for UIM benefits and reduced or denied on the basis of the offset described in Section I.1 of the Settlement Agreement; (4) the Judge(s) presiding over the Lawsuits; and (5) Loya and any employee of LIC or the other Released Parties.

If you are still not sure whether you are a Settlement Class Member and part of the Settlement Class, you may call Class Counsel at 1-505-407-2088 or review documents related to the Settlement here.

Loya has agreed to create a settlement fund in the amount of $1,950,000.00 (the “Settlement Fund”). The Settlement Fund will be used to provide the benefits to Settlement Class Members summarized below. It will also be used to pay the costs and attorney fees of Class Counsel approved by the Court, incentive awards to Plaintiffs approved by the Court, and the cost of administering the Settlement.

Summary of Settlement Class Benefits:

• READJUSTMENT OF BODILY INJURY AND/OR PROPERTY DAMAGE UIM CLAIMS – If you made a UIM claim to YAIC or LIC after October 1, 2010 for bodily injuries and/or property damage that was subject to an offset in coverage due to the insurance coverage limits of a third party responsible for your injuries and/or property damage, then you can submit a claim to have your UIM claim readjusted. This benefit is subject to an $800,000 cap for all valid claims for UIM claim readjustment. To be a Valid Claim, you must have been insured under a YAIC or LIC policy sometime between October 1, 2010 and February 28, 2022 that included UIM coverage at the time of the accident or loss, but which policy did not include the disclosure or exclusion required by the New Mexico Supreme Court in Crutcher v. Liberty Mutual Insurance Company, No. S-1-SC-37478, 501 P.3d 433 (N.M. 2021).

  Loya will process all Valid Claims for a UIM claim readjustment through its ordinary claims process. Making a claim does not guarantee payment. You must submit all reasonable, required supplemental documents concerning your UIM claim in order to obtain any additional UIM benefit payment. The claim must also otherwise qualify for UIM coverage under the applicable insurance policy. Any Class Member who submits a Valid Claim is not entitled to duplicate recovery of any monies previously paid by Loya to such person in connection with the accident or loss for which such person is seeking a UIM claim readjustment.

  If you make a claim for UIM claim readjustment, Loya will send you a Notice of Determination, which will set forth (i) the amount(s) (if any) of the Settlement Class Payment to be paid, (ii) where not otherwise obvious, a brief explanation of the calculation and basis for the determination of those amounts, and (iii) if any claims or dollar amounts are rejected, a brief explanation of the reasons for the rejection.

  If you disagree with Loya’s Notice of Determination, you may appeal to a court-appointed neutral Referee by mailing a demand for a Neutral Evaluation on Appeal to the Settlement Administrator at:

  Swiech & Apodaca v. Loya
  Settlement Administrator
  PO Box 2078
  Portland, OR 97208-2078

  The Neutral Evaluation on Appeal form is available on request. If you wish to request a copy of this form, please email us at info@LoyaUIMSettlement.com. With your demand, you must provide a check made out to Apodaca v Young America QSF and send it to: Swiech & Apodaca v. Loya, c/o Disbursements, 10300 SW Allen Blvd., Beaverton, OR 97005 for Fifty Dollars ($50.00) to cover the Referee’s fee. Your demand must be post-marked within 30 days from the date on which the Notice of Determination was postmarked or emailed. The $50.00 appeal fee will be refunded to you if the Referee determines the appeal in your favor.

• RETURN OF UM/UIM PREMIUMS – If you are a YAIC or LIC policyholder who paid premiums to YAIC or LIC for Uninsured/Underinsured Motorist (UM/UIM) coverage between October 1, 2010 and February 28, 2022 (the “Class Period”), and are not eligible for a UIM claim readjustment, or are eligible for UIM claim readjustment but choose not to make a claim, you are entitled to a refund of a portion of all premiums paid for UM/UIM coverage during the Class Period. The amount of payment will be based on the amount of UM/UIM premiums paid by you during the Class Period and the amount of the Direct Premium Refund Settlement Fund, which will be determined after payment of settlement administration costs, attorney fees, costs and expenses to Class Counsel, incentive fee awards to the Class Representatives, and Valid Claims for UIM claim readjustments. Class members eligible for a return of UM/UIM premiums do not have to submit a claim to receive a premium refund. If the Settlement is approved, the Settlement Administrator will issue a check to your last known address.

  Any money left over in the Settlement Fund after payments of all valid claims for UIM claim readjustment and UM/UIM premium refunds; attorney fees, costs, and expenses; incentive awards to Class Representatives; and settlement administration costs will be donated to Equal Access for Justice, Inc.

Unless you exclude yourself (i.e., opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against Young America or Loya and Released Parties about the legal issues in the Lawsuits that are released by this Settlement. The Specific rights you are giving up are called “Released Claims.”

The Settlement Agreement, in Section VIII and Paragraphs 15.dd., 15.ee. and 15.ff., describes the Release, Released Claims and the Released Parties in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here or in the public court records on file in the Lawsuits. For questions regarding Releases and what they mean, you can also contact Class Counsel for free, or you can talk to our own lawyer at your own expense.

Your rights and options—and the deadlines to exercise them—are summarized below.

Submit a Claim Form - If you were insured under a LIC or YAIC policy at any time between October 1, 2010 and February 28, 2022 and made a claim to LIC or YAIC for UIM benefits after October 1, 2010 under an insurance policy that included UM/UIM coverage, but did not include the disclosure or exclusion required by Crutcher v. Liberty Mutual Insurance Company, No. S- 1-SC-37478, 501 P.3d 433 (N.M. 2021), and had UIM benefits reduced or denied due to the offset of the insurance coverage limits of a third party responsible for your injuries and/or property damage, the only way to obtain a UIM claim readjustment and potentially receive additional UIM benefits is to submit a claim form to the Settlement Administrator.

If you do submit a claim form for a UIM claim readjustment, you may be contacted by Loya concerning your claim. Loya may request additional documentation concerning your UIM claim. You must submit all reasonable, required supplemental documentation concerning your UIM claim in order to obtain any additional UIM benefit payment.

If you submit a claim form for UIM claim readjustment, you will remain in the Class, be bound by the Settlement, and give up your rights to sue YAIC, LIC and the other Released Parties for the Released Claims. DEADLINE: MARCH 12, 2026

Do Nothing - If you are YAIC or LIC policyholder who paid premiums to YAIC or LIC for UM/UIM coverage at any point during the Class Period, and are not eligible for a UIM claim readjustment, or are eligible for UIM claim readjustment but choose not to make a claim, you do not have to have submit a claim to receive a refund of UM/UIM premiums. You will remain in the Class, be bound by the Settlement, and give up your rights to sue YAIC, LIC, and the other Released Parties for the Released Claims.

Exclude Yourself (Opt Out) - Get no Settlement benefits or payment. Keep your right to file your own lawsuit against Fred Loya about the same issues in the Lawsuits. DEADLINE: JANUARY 26, 2026

Object - Tell the Court why you do not like the Settlement. You will still be bound by the Settlement if the Court approves it. You may still file a Claim Form. DEADLINE: JANUARY 26, 2026

Read on to understand the specifics of what each choice would mean for you.

Settlement Class members entitled to a UM/UIM premium refund do not need to make a claim to receive payment.

If you wish to have your UIM claim readjusted and potentially receive additional UIM benefit payment, you must complete and submit a valid Claim Form to the Settlement Administrator, postmarked or submitted online here on or before March 12, 2026. Claim Forms may also be downloaded and printed from the Documents page and mailed to the Settlement Administrator at the address on the form. The quickest way to submit a claim is online.

Claim Forms are also available by calling 1-877-708-7677 or by writing to:

Swiech and Apodaca v. Loya
Settlement Administrator
PO Box 2078
Portland, OR 97208-2078

If you make a Valid Claim for a UIM claim readjustment, payment will be provided by the Settlement Administrator after the Settlement is approved by the Court and becomes final, including the end of any dates to appeal the final approval of the Settlement. The date of payment will vary depending on whether you are required to submit additional documents to Loya, and whether you appeal a claim readjustment determination. Though payment dates vary, many Valid Claims should be paid within 180 days of the date the Settlement becomes final. Payments of UM/UIM premium refunds will only be paid after the Settlement is approved by the Court and becomes final, payments of Valid Claims for UIM claim readjustments, and the Settlement Administrator determines the portion of the Settlement Fund available for direct UIM premium refunds.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

Yes, in a class action, the court appoints class representatives and lawyers to work on the case and represent the interests of all the class members. For this settlement, the Court has appointed the following lawyers as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement.

Your lawyers: KEDAR BHASKER, 2741 Indian School Rd. NE, Albuquerque, NM 87106, Phone: (505) 407-2088, kedar@bhaskerlaw.com, CORBIN HILDEBRANDT, P.C., 2741 Indian School Rd. NE Albuquerque, NM 87106, Phone: (505) 998-6626, corbin@hildebrandtlawnm.com, Geoffrey Romero, ROMERO, HARADA, WINTERS, LLC, 4801 All Saints Road NW Ste. A, Albuquerque, NM 87120, Phone: (505) 247-3338, geoff@RHWLAWNM.com, Andrea D. Harris, Matthew J. Zamora, VALLE, O’CLEIREACHAIN, ZAMORA & HARRIS, 1805 Rio Grande Blvd. NW, Suite 2, Albuquerque, NM 87104, Phone: (505) 888-4357, adh@vozhlaw.com, mz@vozhlaw.com

These are the lawyers who negotiated this settlement on your behalf.

You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you.

Lawyers' fees and costs will be paid from the Settlement Fund. You will not have to pay the lawyers directly.

To date, your lawyers have not been paid any money for their work or the expenses that they have paid for the Actions. To pay for some of their time and risk in bringing this case without any guarantee of payment unless they were successful, your lawyers will request, as part of the final approval of this Settlement, that the Court approve a payment of up to $649,935 total in attorneys’ fees plus the reimbursement of out-of-pocket expenses and state gross receipt tax of 7.625%.

Lawyers' fees and expenses will only be awarded if approved by the Court as a fair and reasonable amount. You have the right to object to the lawyers' fees even if you think the settlement terms are fair. If approved by the Court, Class Counsel’s fees, expenses, costs and state gross receipt taxes will be paid out of the Settlement Fund.

Your lawyers will also ask the Court to approve a payment of $10,000.00 apiece to the Class Representatives for the time and effort they contributed to the case. If approved by the Court, the Service Awards will be paid from the Settlement Fund.

Class Counsel’s application for attorneys’ fees, expenses, and service awards will be made available here before the deadline for you to comment or object to the Settlement.

If you are a Settlement Class Member and want to keep the right you may have to sue or continue to sue Young America, Loya or the Released Parties on your own based on the claims raised in the Lawsuits or released by the Released Claims, then you can exclude yourself from – or “opt out” - of the Settlement.

You cannot exclude yourself by telephone or email.

No. If you exclude yourself, you are telling the Court you do not want to be a part of the Settlement. You will not receive any payment and cannot object to the Settlement. However, you will not be bound or affected by anything that happens in the Actions. That means you keep the right to sue or be part of another case against YAIC, LIC, or the other Released Parties about the issues in the Lawsuits.

Unless you exclude yourself, you give up the right to sue YAIC, LIC, and the other Released Parties for the claims this Settlements resolves relating to the Lawsuits. You must exclude yourself from this Settlement to continue your own lawsuit. If you have a pending lawsuit against LIC and/or YAIC, you should speak to your lawyer in that case immediately.

In order to validly be excluded from the Settlement, the potential Settlement Class Member must send a letter that says he or she wants to be excluded from the Settlement in Apodaca v. Young America Insurance Company, et al., United States District Court for the District of New Mexico, Case No. 18- cv-00399, and Swiech v. Loya Insurance Company, United States District Court for the District of New Mexico, Case No. 25-cv-00047, to the Settlement Administrator, Class Counsel, and Fred Loya's Counsel at the following addresses:

Swiech & Apodaca v. Loya
Settlement Administrator
PO Box 2078
Portland, OR 97208-2078

Kedar Bhasker
Law Office of Kedar Bhasker, LLC
2741Indian School Rd. NE
Albuquerque, NM 87106

Michael E. Mumford
Baker Hostetler LLP
127 Public Square
Suite 2000
Cleveland, OH 44114

Be sure to include your name, address, telephone number, and signature. The opt-out letter must be postmarked by January 26, 2026.

If you are a Settlement Class Member, you can tell the Court that you do not agree with all or any part of the Settlement or the requested attorneys’ fees and expenses. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees and expenses. To object, you must timely file with the Clerk of the United States District Court for the District of New Mexico written notice as provided below no later than January 26, 2026, stating you object to the Settlement in Apodaca v. Young America Insurance Company, United States District Court for the District of New Mexico, Case No. 18-399 KK/JMR, and Swiech v. Loya Insurance Company, United States District Court for the District of New Mexico, Case No. 25-00047 KK/JMR.

To be valid, an objection must state:

1. (1) your full name, address, telephone number, and email address (if any);
2. (2) information identifying yourself as a Settlement Class Member;
3. (3) a written statement of all grounds for the objection, accompanied by any legal support the objector cares to submit;
4. (4) the identity of all lawyers (if any) representing you;
5. (5) the identity of all of your lawyers (if any) who will appear at the Final Fairness Hearing in support of your objection;
6. (6) a list of all persons who will be called to testify at the Final Fairness Hearing in support of your objection;
7. (7) a statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing; and
8. (8) your signature or the signature of your duly authorized lawyer or other duly authorized representative (along with documentation setting forth such representation).

In addition to the foregoing, any objection should also provide the following information:

1. (1) a list, by case name, court, and docket number, of all other cases in which you (directly or through a lawyer) have filed an objection to any proposed class action settlement within the last three (3) years;
2. (2) a list, by case name, court, and docket number, of all other cases in which your lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and
3. (3) a list, by case number, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.

To be timely, written notice in the appropriate form containing the case name and docket number of the Actions must be filed with the Clerk of the Court (address below) and mailed to the following:

Court:

U.S. District Court District of New Mexico
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW Suite 270
Albuquerque, NM 87102

Class Counsel:

Kedar Bhasker
Law Office of Kedar Bhasker, LLC
2741Indian School Rd. NE
Albuquerque, NM 87106

Fred Loya’s Counsel:

Michael E. Mumford
Baker Hostetler LLP
127 Public Square Suite 2000
Cleveland, OH 44114

Any Settlement Class Member who fails to comply with the requirements for objecting in Section X of the Settlement Agreement shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Lawsuits.

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (that is, do not opt out and exclude yourself). Opting out is telling the court you do not want to be a part of the Settlement Class or the Settlement. If you exclude yourself, you cannot object to the Settlement.

If you do nothing, you will not receive any payment for a UIM claim readjustment and will be bound by the Settlement and its release provisions. If you do nothing and are a policyholder Settlement Class Member entitled to a UM/UIM premium refund, you will receive a partial refund of UM/UIM premiums and will be bound by the Settlement and its release provisions. That means you won’t be able to start, continue, or be part of any other lawsuit against LIC, YAIC, or the other Released Parties about the issues in the Actions. A full description of the claims and persons and entities who will be released if this Settlement is approved can be found here.

Because the settlement of a class action decides the rights of all members of the proposed class, the Court must give final approval to the Settlement before it can take effect. Payments will only be made if the Court approves the Settlement.

The Final Approval Hearing shall be held on March 24, 2026, at 10:30 a.m. MT at the Pete V. Domenici United States Courthouse, 440 Hondo Courtroom, Fourth Floor, 333 Lomas Boulevard, Northwest, Albuquerque, New Mexico.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve: the Settlement, Class Counsel’s application for attorneys’ fees, costs and expenses, and the incentive awards to Plaintiffs. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

Note: The date of the hearing are subject to change without further notice to members of the Settlement Class. The Court may also decide to hold the hearing via Zoom or by phone. Any change will be posted on this website.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to speak about it. As long as you file your written objection on time the Court will consider it.

If the Court does not approve the settlement or the parties decide to end it, it will be void and the Actions will continue.

Yes, as long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay the lawyer yourself.

If you want to appear, or if you want your lawyer instead of Class Counsel to speak for you, you must follow all of the procedures for objecting to the Settlement listed above—and specifically include a statement whether you and your counsel will appear at the Final Fairness Hearing.

The notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. To get a copy of the Settlement Agreement or get answers to your questions:

• contact Class Counsel (information below)
• visit the Important Documents page of this website
• call 1-877-708-7677
• write to the Settlement Administrator (information below); or