Delaware Life Insurance Co. $4.76M Data Breach Settlement

If you previously received a notice stating you were potentially impacted by the Group 1001 Insurance dba Delaware Life Insurance Company's data incident, you may be eligible to claim a settlement award from a class action settlement.

Group 1001 Insurance Holdings, LLC has agreed to pay $4,759,470 to settle a class action lawsuit for alleged negligence, negligence per se, breach of implied contract, unjust enrichment, breach of fiduciary duty, breach of confidence, and intrusion upon seclusion/invasion of privacy.

Can I Claim an Award?

To be eligible to claim an award, your personal information must have been compromised as a result of the data breach exposing the confidential, personal information of approximately 475,947 of people on or about February 9, 2023.

Class members should have received an official notice in the mail.

What Awards Can Class Members Claim?

The settlement provides several types of awards for eligible claimants:

• Reimbursement for Out-of-Pocket Losses: Class Members can recover up to $5,000 per person for out-of-pocket losses incurred as a result of the Data Incident. This includes bank fees, long distance phone charges, cell phone charges (if charged by the minute), data charges (if charged based on the amount of data used), and other miscellaneous qualified expenses.
• Reimbursement for Lost Time: Class Members can claim up to $80 for lost time (calculated at $20/hour, up to 4 hours) by attesting to the time spent dealing with the Data Incident.
• Pro Rata Cash Payment: Class Members can submit a claim for a cash payment of no less than $5, subject to increase based on the total Net Settlement Fund remaining after payment of all other claim types.
• Identity Theft Protection Services: Class Members can receive 3 years of credit monitoring and identity theft protection services, including $1,000,000 in identity theft insurance, at no cost.

Calculation Example for Pro Rata Cash Payment

If the Net Settlement Fund is $3,000,000 after all other claims and expenses, and there are 100,000 valid claims for the pro rata cash payment, each claimant would receive $30 ($3,000,000 / 100,000). If the number of valid claims increases, the amount per claimant would decrease accordingly.

Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward. Claimants must provide documentation to support their claims for out-of-pocket losses. For lost time, claimants need to attest to the time spent and describe how it was spent.

• Out-of-Pocket Losses: Documentation such as receipts or bills showing that the claimed losses were more likely than not caused by the Data Incident.
• Lost Time: An attestation describing the actions taken in response to the Data Incident and the time associated with each action.

How to Claim Your Award

To claim your award, you can submit a claim online or by mail. To file a claim online, visit the online claim form. If you prefer to submit by mail, send your completed claim form to:

Weigand, et al. v Group 1001 Insurance Holdings, LLC et al.

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

Submitting a Claim

Follow these steps to submit a claim:

1. Visit the settlement website or request a claim form by calling (833) 522-7100.
2. Complete the claim form with your personal information and details of your claim.
3. Attach any required documentation to support your claim.
4. Submit the claim form online or mail it to the provided address by October 10, 2024.

How do I Get Paid?

Payments will be made via electronic transfer if you choose this option on the online claim form. Otherwise, payments will be mailed to the address provided on your claim form.

$4,759,470 Settlement Fund Breakdown

The settlement amount of $4,759,470 will be distributed as follows:

• Attorneys' fees: Up to $1,460,324.33
• Class Counsel's litigation expenses
• Costs of Notice and Administration
• Service Awards to the Class Representatives: Up to $5,000 each
• Remaining funds will be used to pay valid claims for out-of-pocket losses, lost time, pro rata cash payments, and identity theft protection services.

Important Dates

• Deadline to File a Claim: October 10, 2024
• Deadline to Opt-Out: September 10, 2024
• Final Approval Hearing Date: October 3, 2024

When will Awards be Paid?

Awards will be paid after the Court approves the settlement and any possible appeals are resolved.

Why is There a Class Action Settlement?

The class action lawsuit was filed because the plaintiffs alleged that Group 1001 Insurance Holdings, LLC was liable for the Data Incident under claims for negligence, negligence per se, breach of implied contract, unjust enrichment, breach of fiduciary duty, breach of confidence, and intrusion upon seclusion/invasion of privacy.

What Happens Next?

The Court will hold a Final Approval Hearing on October 3, 2024, to decide whether to approve the settlement. If approved, payments will be made after any possible appeals are resolved.