I'm not a lawyer, but I believe you are incorrect that everyone is included. these two posts below explain my reasoning. I think the deductable has already been met by legal fees, so the lawsuit is irrelevant for all practical purposes going forward. I do think the people that started it were successful already with it for their purposes. IMO. The lower post has a link to the Supreme Court decision.
FWIW: It wouldn't surprise me, like Vern stated, for the insurance company to cut their losses and negotiate a settlement with the remaining plaintiffs.
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