The way USAA claims the statute works is that the trigger for criminal liability and the deprivation of property rights is the filing of the Owner Retained Report with the DMV, Letot’s attorney Anne Johnson said.
January 10, 2024 at 04:35 PM
4 minute read
What You Need to Know
- USAA is seeking to reverse a class certification involving its practice of unilaterally declaring wrecked vehicles as salvage.
- The plaintiff class objects to a practice where it doesn’t have an opportunity to contest the salvage determination.
- Once a vehicle is declared salvage, the owner loses title, and cannot repair, register, drive or sell the vehicle.
Counsel for USAA Casualty Ins. Co. appeared before the Texas Supreme Court to argue for reversal of a trial court’s class certification in an alleged wrongful designation of a vehicle as salvage .
In USAA Cas. Ins. Co. v Sunny Letot, Rachel A. Ekery of Alexander Dubose & Jefferson asserted the damages sought are uniquely individualized and therefore do not meet the commonality requirement for certification.
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