Total-Loss Claims After the Class-Action Blockade: The Policyholder’s Valuation Fight

This session teaches policyholder attorneys how to systematically audit a CCC ONE Market Valuation Report, identify the three algorithmic deductions most commonly attacked in litigation—Projected Sold Adjustments, condition adjustments, and comparable vehicle selection errors—and build a counter-valuation. It also covers forum selection strategy, including CAFA removal risk, the local controversy exception, and state regulatory variance that creates forum-shopping opportunities. Attorneys will leave with a practical audit checklist and a framework for deciding whether to file in state or federal court given the class-action blockade created by insurer-invoked appraisal clauses.

This session equips policyholder-side attorneys with the complete toolkit for pursuing individual total-loss underpayment claims after class certification has been blocked. Attendees will learn how to sequence appraisal demands against individual lawsuits, navigate the mootness trap created by Stewart v. Farmers, and build bad-faith cases that survive appraisal completion. By the end of this session, attorneys will be able to evaluate jurisdiction-specific appraisal mechanics, anticipate discovery disputes under Eddy v. Farmers, and assess when extracontractual damages — including punitive damages — are available.