A Massachusetts federal judge on Tuesday granted class certification to a group of auto drivers alleging that a Liberty Mutual subsidiary prematurely terminated car rental coverage, but denied the group's request to pursue its claims for classwide, injunctive relief.

U.S. District Judge Brian E. Murphy issued a 17-page order that plaintiffs Diane Watts, Anthony Watts, and Adam Pizzitola, on behalf of the putative class, are sufficiently qualified to bring a class action against Liberty Mutual Personal Insurance Co.

The judge noted that the legal dispute hinges on the meaning of the insurance policies in question and will need additional litigation, but can, for now, move forward as a class.

"The court finds that determining at least the policies' meaning on a class-wide basis would be a superior method of adjudicating this dispute than individual litigations," Judge Murphy wrote.

Diane and Anthony Watts, along with Pizzitola, filed their lawsuit against Liberty Mutual in 2023. They alleged in an amended complaint filed in February 2024 that the insurer violated its rental car insurance policy by terminating coverage after seven days for policyholders who lost their cars to damage that resulted in a total loss.

In September, Judge Murphy allowed Liberty Mutual Insurance Co., a subsidiary of Liberty Mutual, off the hook. He granted summary judgment, finding that the subsidiary wasn't a party to the policies issued, even though it and LMPIC share an office in Boston.

While Judge Murphy granted class certification under Federal Rule of Civil Procedure 23, he denied the plaintiffs' motion to certify under Federal Rule of Civil Procedure 23(b)(2), a rule that would provide classwide injunctive relief. Instead, the class must pursue individual monetary claims under Federal Rule of Civil Procedure 23 (b)(3).

The judge also acknowledged that, because the case has not yet gone through discovery, neither the court nor the parties have resolved the meaning of the policies. As a result, the court might have to revisit the class certification in the future.

"After resolving the meaning of the policies, the court does not foreclose the possibility of revisiting the certification issue," Judge Murphy wrote.

Michael Twersky of Berger Montague, who is representing the plaintiffs, told Law360 in an emailed statement: "We are pleased that the court certified the multistate class and look forward to a trial on the merits on behalf of the certified classes."

Representatives of Liberty Mutual Personal Insurance Co. didn't immediately respond to requests for comment late Tuesday.

The plaintiffs are represented by Shanon Carson, Michael Twersky, Julie Selesnick and John G. Albanese of Berger Montague and by Richard M. Ochroch, Brett N. Benton and Andrew R. Ochroch of Ochroch Benton PC.

Liberty Mutual Personal Insurance Co. is represented by Bridgitte E. Mott, Jacob A. Tosti, James A. Morsch, Stephanie L. Denker and Ryan M. Jerome of Saul Ewing LLP.

The case is Watts et al. v. Liberty Mutual Personal Insurance Co. et al., case number 1:23-cv-12845, in the U.S. District Court for the District of Massachusetts.