Discovery battle leads many Colossus defendants to settlements

As the litigation continues in the Colossus software case, many of the insurance companies involved are cutting their losses and agreeing to mediation instead of continuing the discovery battle.

So far, those settlement agreements have cost insurance companies more than $347 million, including Judge Johnson's granting the plaintiffs' counsel over $65 million for costs and fees.

Settlements reached through mediation:

- American Standard Insurance Company and American Family Insurance Company approved settlement fees include over $52 million for potential class members and over $27 million for plaintiffs' attorney fees and costs (Hunsucker vs. American Standard Insurance Company. Case No: 2007-155-3).

- American Insurance Company approved class settlement stipulations include $3 million in plaintiffs' attorney fees and costs, an incentive fee to the plaintiff for $5,000 and supplemental UM for eligible class members that is not to exceed policy limits (Sweeten vs. American Insurance Company. Case No. 2007-154-3).

- Ohio Casualty, American Fire and Casualty, Avonmark, Ohio Casualty, Ohio Security and West American Insurance Company's approved settlement stipulations include $4 million in attorney fees and costs and over $5.9 million to supplement UM cash payment to eligible class members that is not to exceed policy limits (Easley vs. Ohio Casualty Insurance Company. Case No. 2007-139-3).

- Clarendon American, Harbor Specialty, Redland, and Insurance Corporation of Hanover's approved settlement stipulations call for $744,418 for class members and $429,901 in attorney fees and costs (Johnson vs. Clarendon America Insurance Company. Case No. 2007-138-3).

- General Casualty Company, Hoosier, MassWest, Southern Guaranty, Regent, Blue Ridge, Blue Ridge Indemnity, Southern Pilot, Southern Fire and Casualty, Unigard, and Winterthur U.S. Holdings' settlement states stipulations including $2.7 million for class members and $1.6 for plaintiffs' attorney fees and costs (Atkinson vs. General Casualty Company of Wisconsin. Case No. 2007-126-3).

- Graphic Arts Mutual Insurance, Republic Franklin Insurance and UTICA's total settlement includes payments and attorney fees over $2.7 million. Of that settlement, Judge Johnson awarded plaintiffs' attorneys $500,000 (Gross vs. Graphic Arts Mutual Insurance, Republic Franklin Insurance and UTICA. Case No. 2007-0086-3).

- American Central Insurance Company's approved settlement includes an incentive fee to plaintiff for $5,000, $1.8 million to class members and over $1.07 million in attorney fees and costs (Hunter vs. American Central Insurance Company. Case No. 2007-0071-3).

- Hartford Insurance Company's approved settlement includes over $215 million for eligible class members and $26 million to plaintiffs' attorneys for fees and costs (Zareboki vs. Hartford Insurance. Case No. 2006-409-3).

- Federated Mutual and Federated Service Insurance Company's proposed settlement states over $1.2 million for injunctive relief and another $625,000 for plaintiffs' attorney fees and costs. A hearing to discuss the settlement is set for Oct. 15 (Hogue vs. Federated Mutual Insurance Company and Federated Service Insurance Company's Case No. CV-2007-0267-3).

- WR Berkley Corporation, Berkley Regional, Union Standard, Acadia Insurance, Continental Western and Great River Union Insurance Company's stipulations for proposed settlement will award $542,649 to class members and $325,590 for plaintiffs' attorney fees and costs. A preliminary fairness hearing is set for Oct. 15 (Gross vs. WR Berkley Corporation, et al Case No: 2007-264-3).

- Recently severed from the Hensley litigation, AAA Mid Atlantic Insurance Company, Keystone Insurance Company, and Atlantic Mutual are also agreeing to settle but have not disclosed settlement stipulations