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Herrera v. American Family Insurance Company

D. Or. · No. 3:26-cv-01776

Full docket on CourtListener ↗

No federal docket timeline hydrated for this case yet (state-court settlements have no RECAP docket).

Our records for this case (1)

MatterTypePractice areaCourtDateValue
American Family Insurance Companysource ↗
filed by Property Claims Attorneys · Judge Amy M. Baggio · No. 3:26-cv-01776 · 28:1332 Diversity-Insurance Contract · view case timeline →
Comparable settlements $47.50M–$725M ▾
Comparables split: Bayhealth survived a confidentiality claim against a healthcare-type defendant, while Integris and LabCorp show dismissal risk on privacy/disclosure theories; Gunnar Optiks shows factual questions often defeat early dismissal, cutting both ways for a wiretap-style claim against an insurer.
Comparable settlements $47.50M–$725M median $63.75M · n=10
Meta $725M · Google LLC $135M · Google $68M
Per member (realized): ~$30 median · $29–$30 (n=2)
Comparable verdict: Google LLC $425.70M · Google LLC $425M
Key precedent: Doe v. Bayhealth Medical Ctr. — confidentiality claim from tracking tech survived MTD, suggesting insurer's use of tracking/pixels could similarly survive if a duty analog exists.
Main risk: Dismissal for failure to show interception/disclosure meets wiretap statute definitions, as in LabCorp's narrow reading of governing regulations.
Rough EV model (wide — class size is the big unknown, not a prediction): $6.25M–$52.50M
Class size and per-member figures are rough extrapolations from limited comparables and defendant scale; no case-specific class definition or damages model available yet. · grounded in 6 rulings, 10 settlements, 2 verdicts
FilingPrivacy & WiretapD. Or.2026-08-26$47.50M–$725M
comparable settlements