Individual Inquiries About Injury Preclude Class Certification

On Sept.12, 2025, the U.S. Court of Appeals for the Ninth Circuit provided defendants with additional clarity in the fight against class certification.

In Ambrosio v. Progressive Preferred Insurance Co., the Ninth Circuit affirmed the denial of class certification in a challenge to Progressive's use of a "projected sold adjustment" (PSA) calculation in deriving the actual cash value of totaled vehicles.

While the plaintiffs argued that the calculation uniformly reduced claim payments in violation of policy terms, the Ninth Circuit upheld the district court's finding that whether any particular class member was underpaid required individualized inquiry and precluded class certification under Rule 23(b)(3).