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Case ID: 2840 | Insurance | 07/26/2004
A class action has been filed against Aetna Health, Inc., a subsidiary of healthcare giant Aetna, Inc., on behalf of Pennsylvania residents (1) who, between September 26, 1999, and the date of the final judgment in the action, were injured in a motor vehicle accident while insured under an Aetna heathcare plan; and (2) whose tort recovery from the accident was subject to a lien asserted by Aetna. The action seeks compensatory and statutory damages for monies collected via the liens as well as injunctive and declaratory relief.
Pennsylvania's Motor Vehicle Financial Responsibility Law (MVFRL) strictly prohibits an insurer from recovering healthcare costs incurred in treating auto accident injuries from the insured's personal injury claim. The action alleges that, despite this clear ban, Aetna placed liens on class members' tort awards and required repayment of Aetna's medical expenses resulting from the treatment of class members' auto accident injuries. Accordingly, the action alleges that Aetna violated the MVFRL, breached its contract with class members, engaged in bad faith insurance practices and is liable for unjust enrichment. Although the plaintiffs' complaint in the class action identifies the defendant as Aetna U.S. Heathcare, the defendant's correct name is Aetna Health, Inc., according to its attorneys. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Insurance Cases of Interest A nationwide class action has been filed in Ohio against life insurance giant, Lincoln National Life Insurance Company. The action is brought on behalf of all U.S. residents who purchased life insurance policies from Lincoln and paid for such policies upon delivery, but who were actually charged a premium based on the earlier "policy date" when the policy was approved. The action is brought under state law for breach of contract and unjust enrichment and seeks compensatory damages, disgorgement of profits and injunctive and declaratory relief. Several class actions have been filed against certain officers and directors of Chinese insurance company China Life Insurance Company Limited (NYSE: LFC) by stockholders who purchased the company's common stock between December 22, 2003, and February 3, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Is it right for a company to take out life insurance on its employees so that it can make a profit from its workers' death? A class action has been filed against Wal-Mart Stores, Inc. on behalf of widows of former New Hampshire Wal-Mart employees who allege that the company purchased life insurance policies on more than a thousand employees without their knowledge in violation of their right to privacy and in breach of the company's fiduciary duties to its employees. Life insurance can be a great investment, as long as the company you buy from is reputable. A class action has been filed against Philadelphia Life Insurance Company and its successor, Conseco, Inc., on behalf of persons who purchased certain whole life and universal life insurance policies. The action alleges that Philadelphia Life fraudulently induced policyholders to replace existing policies when it was not in their best interest, and promised them that their new premiums would never increase.
The parties have reached a tentative nationwide $5 million settlement in an action filed against major cellular phone services and three insurance companies on behalf of all persons who purchased wireless equipment insurance between January 1, 1986, and February 20, 2004, through a wireless equipment insurance program administered by Asurion Insurance Services, Inc., Lockton Companies, Inc., or Lock\Line, LLC. The action alleged that the insurance programs failed to comply with applicable state insurance statutes and were marketed in a manner that failed to comply with Pennsylvania's consumer protection statutes. Proof of claim forms must be postmarked on or before August 9, 2004, to be considered valid. A class-action lawsuit filed in federal court in Miami, Florida, alleges that cell phone insurance is being promoted in a “deceptive and outrageous” manner by cell phone equipment insurers. The lawsuit alleges replacement telephones are often cheap, used, or refurbished models which further decrease the value of the insurance and monthly premiums are misleading since they don't really insure the phone in the event of a loss. |
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