Progressive $1.76 Million Stacked UM/UIM Settlement (New Mexico): Approved, Deadlines Passed

The case is Jeremy Peck v. Progressive Northern Insurance Company et al., Case No. 1:22-cv-00490-SMD-JFR, in the U.S. District Court for the District of New Mexico before Judge Sarah M. Davenport. It covers thirteen Progressive-affiliated insurers, including Progressive Northern, Progressive Direct, Progressive Specialty, National Continental, and United Financial Casualty.

Uninsured and underinsured motorist (UM/UIM) coverage pays you when a driver who hits you has no insurance or too little. "Stacking" lets a policyholder with several vehicles multiply the UM/UIM limit by the number of vehicles. On a policy that insures only one vehicle, there is nothing to stack, so plaintiff Jeremy Peck alleged that the higher premium Progressive charged for stacked coverage bought no added benefit. He alleged the coverage was illusory and violated New Mexico law.

Progressive denies all wrongdoing, and the settlement is not a finding that it did anything wrong. As part of the deal, Progressive agreed to stop selling stacked UM/UIM coverage on single-vehicle policies. Our underinsured motorist stacking lawsuit page explains how these claims work in other states.

The settlement class is every Progressive policyholder from January 1, 2009 through April 30, 2025 who lived in New Mexico and bought or paid for a policy with stacked UM coverage while insuring only a single vehicle. Cars, motorcycles, and recreational vehicles all count. An "insured" includes the named insured and anyone who paid the premiums. You are covered even if you are no longer a Progressive customer.

The class is split into two groups based on New Mexico's statute of limitations:

Group	Coverage period	What was required
Automatic Payments	May 10, 2018 to April 30, 2025	Nothing if owed $10 or more
Automatic, under $10	May 10, 2018 to April 30, 2025	Pick a payment method
Other Payments	January 1, 2009 to May 9, 2018	File a claim form

The older group covers the years when Progressive may have had a statute of limitations defense, which is why its refunds are capped and claim-based. Excluded are anyone who opted out, anyone who had already sued Progressive over stacked single-vehicle coverage before the notice date, the presiding judges, and Progressive and its employees.

Refunds are tied to what each person actually overpaid. For the Automatic Payments group, the refund equals the difference between the premium paid for single-vehicle stacked UM/UIM coverage and what unstacked coverage would have cost. Progressive's premium records set the amount, which is why no receipts were needed. Someone who carried the coverage for years will get more than someone who had it for a few months.

The Other Payments group shares a separate pool. Total payments to the 2009 to 2018 group are at least $37,000 and at most $75,000 in the aggregate, and no one gets more than 100 percent of their premium difference. If many people claimed, each share shrinks.

Unlike most settlements, fees do not come out of the class's money. Class counsel asked for up to $977,609.04 in fees, costs, and gross receipts tax, and a service award of up to $20,000 for Jeremy Peck, all paid by Progressive on top of the refunds. The court granted the fee motion on March 2, 2026. Unclaimed or forfeited money goes to the nonprofit Equal Access to Justice, subject to court approval. For how these numbers usually compare to the headline, see why payouts are smaller than expected.

Notices were mailed to class members on November 28, 2025. What each person had to do depended on their group:

• Automatic Payments, $10 or more: nothing. A check goes to the address on file, or you could update your address or choose PayPal, Venmo, or EpiqPay on the settlement website.
• Automatic Payments, under $10: choose a payment method within 90 days of the notice date. The FAQ says failing to choose forfeits the payment.
• Other Payments (2009 to 2018): submit a claim form and choose a payment method.

The official website lists February 26, 2026 as the claims filing and payment election deadline, and that date has passed. The settlement administrator is Epiq, P.O. Box 3339, Portland, OR 97208-3339, phone 1-888-885-4525. The notice states that making a claim or receiving a payment will not raise your insurance premiums.

Event	Date
Preliminary approval	October 29, 2025
Notices mailed	November 28, 2025
Opt-out and objection deadline	January 12, 2026
Final approval hearing	February 23, 2026
Claim and payment election deadline	February 26, 2026
Final approval order	March 2, 2026
Judgment entered	March 27, 2026

Under the settlement, automatic payments are due within 45 days of the effective date, and payments to the 2009 to 2018 group cannot be finalized sooner than 180 days after the effective date. The effective date depends on the conditions in the settlement agreement, including the end of the appeal period after judgment. As of September 2026, the official website has not posted a payment status update, so we cannot confirm whether checks have gone out. If you are waiting, see what to do if you have not received a settlement check.

If you are in the Automatic Payments group and were owed $10 or more, you should be paid without having filed anything, so keep your address current with Epiq. If you were owed less than $10 or were in the 2009 to 2018 group and did not act by the deadline, the FAQ says the payment is forfeited unless the administrator allows otherwise.

Anyone who did not opt out by January 12, 2026 released their claims against Progressive over stacked UM/UIM coverage on single-vehicle policies. People who opted out kept their right to sue individually; our guide to opting out or objecting covers that choice.

A similar New Mexico case against Liberty Mutual and Safeco is covered in our Liberty Mutual Safeco UIM settlement page, and total loss valuation disputes are covered in the State Farm total loss settlement. If an insurer denied or reduced an underinsured motorist claim after a serious crash, that is a different and potentially larger claim, and a free case review can connect you with independent attorneys who handle them. For your refund, rely on the official settlement website linked above.