Walter Black, et al. v. USAA General Indemnity Company, et al.

CourtDistrict Court, D. Maryland
DecidedApril 29, 2026
Docket8:21-cv-01581
StatusUnknown

This text of Walter Black, et al. v. USAA General Indemnity Company, et al. (Walter Black, et al. v. USAA General Indemnity Company, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walter Black, et al. v. USAA General Indemnity Company, et al., (D. Md. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

) WALTER BLACK, et al., ) ) Plaintiffs, ) Civil Action No. 21-cv-1581-LKG ) v. ) Dated: April 29, 2026 ) USAA GENERAL INDEMNITY ) COMPANY, et al., ) ) Defendants. ) )

MEMORANDUM OPINION AND ORDER ON THE PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

I. INTRODUCTION On March 16, 2026, the Plaintiffs in this class action matter, Walter Black III, Keith Barr, Wayne Best and David Fant, Sr., filed an unopposed motion for final approval of class action settlement to resolve their claims against the Defendants in this case, United Services Automobile Association (“USAA”), USAA General Indemnity Company (“USAA General”), Garrison Property and Casualty Insurance Company (“Garrison”) and USAA Casualty Insurance Company (“USSA Casualty”). See ECF No. 114. The Plaintiffs have also filed a motion for award of attorneys’ fees, costs and service awards to the named Plaintiffs in the case. ECF No. 115. The Court held a hearing on these motions on April 28, 2026. ECF No. 121. For the reasons that follow, the Court: (1) GRANTS the Plaintiffs’ unopposed motion for final approval of class action settlement (ECF No. 114); (2) APPROVES the parties’ Settlement Agreement; (3) GRANTS-in-PART the Plaintiffs’ motion for award of attorneys’ fees, costs and service awards (ECF No. 115); and (4) AWARDS Plaintiff Walter Black III a service award in the amount of $7,500.00 and Plaintiffs Keith Barr, Wayne Best and David Fant, Sr. a service award in the amount of 3,500.00, respectively. II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY1 A. Factual Background Case Background In this class action matter, the Plaintiffs allege that the Defendants illegally collected certain late fees from more than 127,000 Maryland insurance policyholders, including the Plaintiffs, during the period June 27, 2011, and September 30, 2019, in violation of Maryland Insurance Code § 27-216(b)(3)(i) and (b)(3)(ii)(2). See ECF No. 86. The Plaintiffs seek to recover the gains, profits, interest and/or otherwise increased value of these wrongly assessed late fees, which they contend the Defendants improperly obtained from their policyholders. Id. And so, the Plaintiffs assert the following two claims against the Defendants in the amended complaint: (1) money had and received (Count I) and (2) unjust enrichment (Count II). Id. at ¶¶ 80-96. The named Plaintiffs, Walter Black III, Keith Barr, Wayne Best and David Fant, are the Defendants’ current or former policyholders and residents of the state of Maryland. ECF No. 86 at ¶¶ 15, 19, 24 and 29. Defendant USAA is a reciprocal interinsurance exchange with its principal place of business located in San Antonio, Texas. Id. at ¶ 34. The remaining Defendants, USAA General, Garrison and USAA Casualty, are insurance companies that are subsidiaries of USAA, and their principal place of business is located in San Antonio, Texas. Id. at ¶¶ 35, 36 and 37. As background, on June 25, 2021, Plaintiff Walter Black III filed this class action matter against the Defendants, on behalf of himself and others similarly situated. ECF No. 1. In the amended complaint, the Plaintiffs allege that they and the members of the class are entitled to millions of dollars in gains, profits, and/or otherwise increased funds that the Defendants earned through the illegal collection of their monies. See ECF No. 86. Specifically, the Plaintiffs allege that the Defendants illegally collected late fees from more

1 The facts recited herein are taken from the amended complaint; the Plaintiffs’ consent motion for preliminary approval of the settlement and the memorandum of law and exhibits in support thereof; the Plaintiffs’ unopposed motion for final approval of class action settlement and the memorandum of law and exhibits in support thereof; the Plaintiffs’ motion for award of attorney’s fees, costs and service awards; and the Plaintiffs’ notice of program summary report regarding objections and opt-outs. ECF Nos. 86, 110, 110-1, 110-2, 110-3, 114, 114-2, 114-4, 115, 115-1, 115-2, 115-3, 115-4, 115-5 and 120. Unless otherwise stated, the facts recited herein are undisputed. than 127,000 Maryland policyholders during the period June 27, 2011, and September 30, 2019, in violation of Maryland Insurance Code § 27-216(b)(3)(i) and (b)(3)(ii)(2). Id. In this regard, the Plaintiffs allege that the Defendants are interrelated insurance entities, and that Defendant USAA is a reciprocal interinsurance exchange who receives insurance applications from military service members, veterans, or their families and then determines whether it or one of its subsidiaries, including Defendant USAA GIC, Garrison, or USAA-CIC, will underwrite the policy. See id. at ¶¶ 4 and 34-38. In 2018, a USAA member filed a consumer complaint against the Defendants with the Maryland Insurance Administration (“MIA”) about an unrelated matter. Id. at ¶ 50. During the investigation of the complaint, the MIA investigated the Defendants’ alleged violation of the Maryland Insurance Article and found that the Defendants had improperly assessed late fees on their policyholders. Id. at ¶¶ 50-51. And so, the MIA concluded that the Defendants had improperly collected millions of dollars in late fees from their policyholders, during the period June 2011 and September 2019. Id. at ¶ 93. In March of 2020, the Defendants refunded these late fees to their policyholders, including the Plaintiffs. Id. at ¶ 59. But the Defendants did not return to their policyholders the gains, profits, interest and/or otherwise increased value of the wrongly assessed late fees. Id. at ¶¶ 18, 22, 26, 32 and 59-68. In July of 2020, the Defendants and the MIA entered into a final consent order (the “Consent Order”), which documented the MIA investigation, internal audit, and refunds issued to the Defendants’ policyholders. Id. at ¶ 55. In the amended complaint, the Plaintiffs contend that the Defendants did not have a legal or equitable basis to retain the gains from their improperly assed late fees. Id. at ¶ 9. Given this, the Plaintiffs also contend that it would be unequitable for the Defendants to retain the interest, other financial gains, and/or monies to which they had no right at law or equity and that the Defendants have been unjustly enriched by retaining these funds. Id. at ¶¶ 80-96. And so, the Plaintiffs seek, among other things, an award of restitution for all funds acquired and subsequently earned “from the Defendants’ unlawful collection of late fees.” Id. at Prayer for Relief. Prior to reaching a settlement, the parties litigated this case for several years and engaged in formal mediation. During the pendency of the case, the parties briefed three motions to dismiss and engaged in formal discovery from July 18, 2024, to June 3, 2025. ECF No. 114-1 at 16. This discovery included the exchange of written discovery, substantial document productions, and the depositions of several witnesses. Id. The parties also participated in a formal mediation before the Honorable Benson E. Legg on November 7, 2024. Id. at 7. Following the mediation, the parties continued to communicate with Judge Legg to work toward a resolution of this dispute, including presenting supplemental briefing and additional materials. Id. To that end, the parties agreed to Judge Legg’s proposal on key settlement terms on June 3, 2025. Id. The Settlement Agreement The parties have entered into a settlement agreement and release (the “Settlement Agreement”) to resolve the Plaintiffs’ claims. ECF Nos. 110-1 and 114-2. The key provisions of the Settlement Agreement are summarized below. First, the Settlement Agreement defines the “Settlement Class” in this case as follows: All individuals who, per the Consent Order, received late fee refunds.

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Walter Black, et al. v. USAA General Indemnity Company, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-black-et-al-v-usaa-general-indemnity-company-et-al-mdd-2026.