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Settlement open, 59 days left to file. Deadline: Jul 2, 2026.
Consumer Insurance New Mexico Class Action Settlement Updated May 2026 · $20.925M cap · Up to 21% of UIM premiums paid

State Farm New Mexico UIM Coverage Class Action Settlement

State Farm has agreed to a $20.925 million settlement over allegations that it did not explain at the time of sale the offset procedures required under New Mexico law when adjusting underinsured motorist claims. New Mexico residents who were insured under State Farm policies that included Uninsured and Unknown Motorist (U) Coverage between January 1, 2010 and December 31, 2021 can claim up to 21% of premiums paid for minimum limits U Coverage and 13% of premiums paid for non-minimum limits U Coverage.

Settlement fund

$20.925M

Common fund

Top payout

Up to 21%

Of U Coverage premiums paid

Claim deadline

Jul 2, 2026

59 days remaining

You may be owed money

Filing is free and takes a few minutes. Deadline: Jul 2, 2026.

Submit your claim
Dapeer Law, P.A. did not act as lead counsel or otherwise participate in litigating the above class action and provides this information to remind class members of the deadline to submit a claim for a share of the settlement.

Do you qualify?

You are a Class Member if ALL of the following apply:

  • You were insured under a New Mexico insurance policy issued by State Farm that included Uninsured and Unknown Motorist (U) Coverage at any time between January 1, 2010 and December 31, 2021.
  • Heirs, executors, administrators, successors, and assigns of qualifying policyholders are also included.
  • Generally one Settlement Payment is issued per household.
  • Excluded: Anyone who separately filed suit against State Farm before the Notice Date relating to the reduction or denial of benefits on the basis of a Schmick Offset.
  • Excluded: Anyone who already settled a claim alleging reduced or denied benefits on the basis of a Schmick Offset and signed a final release before the Notice Date.
  • Excluded: The Judges presiding over the Lawsuit.

Not sure if you qualify? Call the Settlement Administrator at 1-877-748-7791, call Class Counsel at 1-505-850-5854, or visit SchwartzUIMClassSettlement.com.

What happened

Plaintiff Dana Schwartz filed this class action against State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, and State Farm General Insurance Company, alleging that State Farm violated New Mexico law with the sale of the underinsured motorist (UIM) component of Uninsured and Unknown Motorist Coverage (U Coverage). The complaint claims State Farm did not explain at the time of sale the offset procedures (the so-called Schmick Offset) required under New Mexico law when a UIM claim is adjusted, raising claims for negligent and intentional misrepresentation, violations of the New Mexico Unfair Trade Practices Act and Unfair Insurance Practices Act, policy reformation, and breach of the implied duty of good faith and fair dealing.

State Farm denies the allegations and denies any wrongdoing or liability, and the Court has not made any determination that State Farm violated any law. The parties agreed to settle to avoid the cost, risk, and time of continued litigation. The Settlement applies to New Mexico policyholders who had U Coverage at any point during the class period from January 1, 2010 through December 31, 2021.

Consumer Insurance Auto Insurance New Mexico Misrepresentation UIM Coverage

How to file a claim

  • 1

    Confirm you are eligible

    You qualify if you were insured under a New Mexico insurance policy issued by State Farm that included Uninsured and Unknown Motorist (U) Coverage at any point between January 1, 2010 and December 31, 2021. If the Settlement Administrator emailed or mailed you a notification, you are likely a Settlement Class Member.

  • 2

    Calculate your estimated payment

    Settlement Payments are calculated as up to 21% of premiums paid for minimum limits U Coverage and 13% of premiums paid for non-minimum limits U Coverage purchased between 2010 and 2021. Generally one Settlement Payment is issued per household. If valid claims exceed the $20.925 million aggregate cap, payments will be reduced on a pro rata basis.

  • 3

    File online or by mail

    Submit the Claim Form online at schwartzuimclasssettlement.com/Login by July 2, 2026, or mail a paper Claim Form (postmarked by July 2, 2026) to: Schwartz v. State Farm, Settlement Administrator, P.O. Box 4359, Portland, OR 97208-4359. The Settlement Agreement, Long Form Notice, and FAQ are available at SchwartzUIMClassSettlement.com.

  • 4

    Receive your payment

    Payments are issued after the Court grants final approval at the June 8, 2026 Final Fairness Hearing and any appeals are resolved. The appeal process can take a year or more. If you disagree with the amount of your Settlement Payment, you may request a Neutral Evaluation on Appeal by mailing a written request to the Settlement Administrator within 30 days of the date your payment was mailed or the date you were notified that no payment would be made.

Key dates

  • May 18, 2026 Opt-out & objection deadline Upcoming
  • Jul 2, 2026 Claim filing deadline Upcoming
  • Jun 8, 2026 Final Fairness Hearing (9:00 a.m. MT, in person) Upcoming
  • TBD after final approval Payments issued to claimants Pending

The Final Fairness Hearing is scheduled for June 8, 2026 at 9:00 a.m. before the Honorable Kea W. Riggs at the Pete V. Domenici U.S. Courthouse, 333 Lomas Blvd NW, Suite 670, Albuquerque, NM 87102. The Court may move the hearing or hold it via video or telephone, so check SchwartzUIMClassSettlement.com for updates before traveling.

Where the money is going

Unlike most common-fund settlements, attorneys' fees, costs, expenses, and the service award in this case are paid separately by State Farm and are NOT deducted from the $20.925 million aggregate cap. The full cap is available to class members, subject to a pro rata reduction if valid claims exceed it.

Aggregate cap available to class members $20,925,000
Attorneys' fees, costs & expenses (paid separately by State Farm) Up to $4,250,000
Service award to Class Representative (paid separately by State Farm) Up to $25,000
Notice & administration costs (paid separately by State Farm) Set by Court
Available for class members (estimated) ~$20,925,000

All amounts listed above are pending and subject to final court approval at the Final Fairness Hearing. The Court may award less than the amounts requested. If valid claims exceed the $20.925 million aggregate cap, payments will be reduced on a pro rata basis.

Common questions

How much money will I receive?

Settlement Payments are calculated as up to 21% of premiums paid for minimum limits U Coverage and 13% of premiums paid for non-minimum limits U Coverage purchased between January 1, 2010 and December 31, 2021. Generally one Settlement Payment is issued per household. If the total of all valid claims exceeds the $20.925 million aggregate cap, each Settlement Class Member's payment will be reduced on a pro rata basis. Class Counsel's fees and the named plaintiff's service award are paid separately by State Farm and do not reduce the cap.

Do I need to submit proof of purchase?

The Notice and FAQ on the settlement website do not state that documentation is required to submit a Claim Form. State Farm's records identify class members based on policies that included U Coverage during the class period, and the Settlement Administrator sent direct notices using those records. If you receive a notice, you are likely a class member and can submit a Claim Form online at SchwartzUIMClassSettlement.com/Login or by mail. Review the Claim Form for any additional verification fields.

What if I didn’t receive a notice?

You can still file a Claim Form even if you did not receive a direct notice. If you were insured under a New Mexico State Farm policy that included U Coverage at any point between January 1, 2010 and December 31, 2021, you are likely a Settlement Class Member. For help confirming your eligibility, visit SchwartzUIMClassSettlement.com, call the Settlement Administrator toll-free at 1-877-748-7791, or call Class Counsel at 1-505-850-5854.

Does staying in the class affect my right to sue later?

Yes. Unless you opt out by mailing a written exclusion request postmarked by May 18, 2026, you will be bound by the Settlement and you will release the legal claims at issue in this lawsuit against State Farm and the other Released Parties. That means you cannot sue State Farm separately about the same alleged misrepresentations of UIM and U Coverage offset procedures. The full release language is in Section 9 of the Settlement Agreement, available at SchwartzUIMClassSettlement.com.

When will payments be sent out?

The Court will hold the Final Fairness Hearing on June 8, 2026 at 9:00 a.m. before Judge Kea W. Riggs in Albuquerque, NM. Payments will only be issued after the Court grants final approval and any appeals are resolved. The appeal process can take a year or more. No action is required after a valid Claim Form is submitted, just check SchwartzUIMClassSettlement.com for updates.

RD

Dapeer Law, P.A.

Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.

Similar open settlements

This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, and State Farm General Insurance Company, Epiq Class Action & Claims Solutions (the Settlement Administrator), or Class Counsel Paul Dominguez of The Dominguez Law Firm, LLC, Ryan J. Villa of The Law Office of Ryan J. Villa, and Justin Pizzonia of Pizzonia Law, LLC. The case is Schwartz v. State Farm Mutual Automobile Insurance Company, et al., Case No. 1:18-cv-00328-KWR-SCY, pending in the U.S. District Court for the District of New Mexico before the Honorable Kea W. Riggs. Class representatives are Dana Schwartz. State Farm denies wrongdoing. This website is attorney advertising. Past results do not guarantee future outcomes.

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