Class Representatives Scott Craven DDS PC and Met Building LLC (on behalf of themselves and the proposed Settlement Class) have reached a Settlement with Defendant Cameron Mutual. The details of the Settlement—including how you can obtain monetary relief—are described in this Notice. The Court has preliminarily approved the Settlement and ordered that Notice of the Settlement be distributed to Settlement Class Members. The Parties have identified you as a Settlement Class Member because you are a Missouri citizen who was covered as of March 2020 by one of Cameron Mutual’s property insurance policies.

This lawsuit is about to a coverage dispute between Plaintiffs and Cameron Mutual over Plaintiffs’ ongoing direct physical loss of or damage to property and resultant economic losses amid the Coronavirus and COVID-19 pandemic under the Policy that Cameron Mutual sold to Plaintiffs. The Policy broadly covers all risks of direct physical loss of or damage to insured property from any cause unless excluded. Plaintiffs allege that Cameron Mutual breached the Policy by failing and refusing to acknowledge coverage on Plaintiffs’ claims arising from the Coronavirus and the COVID-19 pandemic. Cameron Mutual denies these allegations. You can read Plaintiffs’ First Amended Class Action Petition here.

The settlement makes monetary relief available to all Settlement Class Members who timely submit valid Claim Forms, subject to the terms and conditions of the Settlement. Included with the Notice is a copy of the Claim Form and Settlement Agreement. In this Agreement, you can read more about the monetary relief available and how to submit a claim.

Compensation for Lost Business Income and Extra Expenses: Cameron Mutual will pay Settlement Class Members to compensate them for lost business income and extra expenses they incurred from March 2020 to March 2021 (the “Claim Period”) due to the presence of Coronavirus/COVID-19 on their insured property. The amount of your claim will be determined by the documentation of losses you submit during the Claim Period, the number of claims submitted, your Policy limit, and whether you submitted a claim to Cameron Mutual for COVID-19 losses.

The Settlement Class is defined as follows:

All Missouri citizens that were covered as of March 2020 by one of Cameron Mutual’s property insurance policies.

To submit a claim for monetary relief, you must submit your Claim Form on or before April 3, 2023. Accepted and valid claims will be paid after all claims are validated.

You may submit the Claim Form by mail or electronically. If your claim is approved, you will, subject to the terms and conditions of the proposed settlement, receive compensation for lost business income and extra expenses you incurred from March 2020 to March 2021 (the “Claim Period”) due to the presence of Coronavirus/COVID-19 on your insured property.

Settlement Class Members will be able to submit a Claim Form or letter describing the lost business income and/or extra expenses they incurred during the Claim Period due to the presence of Coronavirus/COVID-19 on their property. With their Claim Form (or equivalent letter), Settlement Class Members must submit their 2019 and 2020 tax returns showing a business income loss or reasonable supporting documentation showing extra expenses incurred due to COVID-19. If you do not have 2019 and 2020 tax returns or do not believe your tax returns adequately show your business income loss then you will have the opportunity to submit alternative information that will be subject to approval by the Claims Administrator and Class Counsel.

Factors to be considered when determining the amount recoverable on a given claim include income losses, extra expenses incurred, whether an insurance coverage claim was submitted to Cameron Mutual under the Policy, and the Policy limit. For Settlement Class Members who did not submit a coverage claim to Cameron Mutual, a 70% discount will be applied to the amount of documented lost income and extra expenses during the Claim Period.

The full claims process is explained in the Settlement Agreement, which is included in the Notice and available here.

Claims will be reduced pro rata to identify losses incurred in the 168 hours following issuance of the government shut down orders. In the event there are funds remaining after all claims have been calculated in this manner, those funds will be distributed pro rata to all claimants based on their approved claim. In the event claims are submitted in excess of the $800,000 settlement fund, less attorneys’ fees, expenses, and administrative costs approved by the Court, the Settlement Agreement explains how claims will be prioritized and treated.

If any Settlement Class Member does not submit a claim as described in the Settlement Agreement, the Settlement Class Member will not recover anything from the Settlement. If the Settlement Class Member does not opt out, that Member will still be bound by the Settlement and thus will give up any right to bring the released claims against Cameron Mutual.

Settlement Class Members must opt out of the settlement on or before February 17, 2023. All opt outs must be submitted in writing and signed by the person seeking to opt out. In addition, any opt out must contain the name, address, and telephone number of the person opting out. Any opt out not submitted in compliance with these requirements or by February 17, 2023, shall be considered untimely and invalid and will not be considered by the Court.

As part of the Settlement, the Settlement Class Members are completely and forever discharging and releasing any and all claims that were or could have been asserted against the Released Entities, as defined in the Settlement Agreement, based on the facts alleged in Plaintiffs First Amended Class Action Petition. You can review the Petition and the Settlement Agreement here. However, the release does not include any claims of Settlement Class Members who timely and properly opt out of the Settlement or lawsuits against any Class Member. “Released Entities” means Defendant Cameron Mutual Insurance Company, including their parent companies, affiliate companies, subsidiary companies, and the past, present and future officers, directors, shareholders, employees, predecessors, parents, subsidiaries, insurers, agents, servants, successors, trustees, representatives, heirs, executors, and assigns of all the foregoing people and entities.

If you are a Settlement Class Member, you can object to the settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to: Cameron Mutual Settlement, P.O. Box 2004 Chanhassen, MN 55317-2004

Your objection must provide the following information: (1) identification of the Settlement Class Member and reasonable supporting documentation evidencing the objector’s right to act on behalf of the Settlement Class Member, including proof that objector is a Settlement Class Member; (2) identification of any counsel representing the objecting Settlement Class Member; (3) the factual and legal basis for the objection; and (4) a statement of whether the Class Member plans to appear in person at the final fairness hearing.

Any objections must be postmarked or received by the Settlement Administrator no later than February 17, 2023. Any objection that is not postmarked on or before February 17, 2023 or does not comply with the requirements above will be considered untimely and invalid and will not be considered by the Court.

The Court will hold a Fairness Hearing at 9:00 a.m. on April 12, 2023, in the Circuit Court of Clay County, Missouri, at 11 South Water Street, Liberty, Missouri 64068 in Division 2. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Settlement Class Counsel. The Court may also decide how much to pay the Class Representatives as a service award for prosecuting this case on behalf of the Settlement Class. Scott Craven DDS PC, as a Class Representative, may seek a $25,000 or less service award based on its role in bringing this result about for the Settlement Class. Cameron Mutual has agreed not to object to this Class Representative’s request for a service award up to $25,000. After the hearing, the Court will decide whether to approve the settlement. We do not know how long it will take the Court to make this decision.