A class action settlement has been reached with The Travelers Indemnity Company and related Travelers entities over the underinsured motorist (UIM) coverage they sold on New Mexico auto policies. The case, captioned Aguilar-Tafoya and Brewton v. The Travelers Indemnity Company, et al., No. 1:23-cv-00247, is pending in the U.S. District Court for the District of New Mexico before Judge James O. Browning.
The lawsuit alleged that Travelers sold illusory or misleading UIM coverage and improperly reduced UIM benefits by applying offsets — known in New Mexico as the "Schmick offset" — in a way that violated New Mexico law. Travelers denies the allegations and any wrongdoing; the company agreed to settle to avoid the cost and uncertainty of continued litigation, and no court has found that any law was violated. The allegations remain unproven.
Status
Claims Open
Claim Deadline
September 27, 2026
Exclude yourself by June 29, 2026 · final approval hearing July 29, 2026
Estimated Payout
29% of UIM Premiums Paid
Or reevaluation of a UIM claim reduced by a Schmick offset
Proof Required
No
Claim form required, but no receipts — the refund is computed from Travelers' premium records
You are likely a class member if you were insured under a New Mexico Travelers auto policy that included underinsured motorist (UIM) coverage at any time between January 1, 2015 and August 16, 2022. The class reaches beyond named policyholders — it can include other insureds under those policies, such as passengers and authorized drivers, and it covers people whether or not they ever filed a UIM claim. If Travelers or the settlement administrator mailed or emailed you a notice, you are almost certainly a class member, but you can still participate even if you never received one.
There are two ways to benefit from the settlement:
- Premium refund: a payment equal to 29% of the UIM premiums you paid to Travelers on your New Mexico policy during the class period. You do not need to have filed a prior claim to choose this option.
- Claim reevaluation: if a past UIM claim of yours was reduced or denied because Travelers applied a Schmick offset, you can instead ask to have that claim reevaluated without the offset applied.
The premium-refund amount is calculated from Travelers' own records of what you paid, so most class members do not need to submit receipts or documentation to receive it.
To claim, submit a claim form through the official settlement website by the September 27, 2026 deadline. You can file online or download and mail a paper claim form using the instructions on the official settlement website. Because the premium-refund amount is drawn from Travelers' records, most class members simply confirm their information rather than upload documents. If you believe you also have a claim that was cut by a Schmick offset, follow the reevaluation instructions on the official settlement website.
- September 27, 2026 — deadline to submit a claim (online or postmarked).
- June 29, 2026 — deadline to exclude yourself (opt out) from the settlement.
- July 29, 2026 — the Court's scheduled final approval hearing, in Albuquerque, New Mexico.
Dates can change; check the official settlement website for the latest schedule.
Who qualifies for the settlement?
People insured under a New Mexico Travelers auto policy with underinsured motorist (UIM) coverage at any time between January 1, 2015 and August 16, 2022, including many passengers and authorized drivers, whether or not they filed a prior UIM claim.
How much can I get?
Under the premium-refund option, 29% of the UIM premiums you paid to Travelers during the class period. If a past UIM claim was cut by a Schmick offset, you can instead ask for that claim to be reevaluated without the offset.
What is the deadline to file?
The claim deadline is September 27, 2026. The exclusion (opt-out) deadline is June 29, 2026, and the final approval hearing is set for July 29, 2026.
Do I need proof to file?
A claim form is required, but you generally do not need receipts — the 29% refund is computed from Travelers' premium records. You can file even if you never received a notice.
What did the lawsuit allege?
That Travelers sold illusory or misleading UIM coverage and improperly reduced UIM benefits with the Schmick offset in violation of New Mexico law. Travelers denies wrongdoing and settled without admitting liability.
For more class actions keep scrolling below.
Benefit
29% of UIM premiums paid (or claim reevaluation)
Case Title
Aguilar-Tafoya v. The Travelers Indemnity Company, et al.
Case Number
1:23-cv-00247
Court
U.S. District Court, District of New Mexico
Class Period
January 1, 2015 – August 16, 2022
Final Approval Hearing
July 29, 2026