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Case ID: 2995 | Insurance | 12/15/2003
The parties have reached a tentative $1,785,000 settlement in an action filed against American Express Property Casualty Companies, American Express Assurance Company, and IDS Property Casualty Insurance Company on behalf of all persons who, during the period from November 6, 1992, to September 25, 2003, were injured in automobile accidents while a driver or passenger in an automobile insured under one of the companies’ auto insurance policies, and whose medical bills were not paid in full up to the policies’ limits. The settlement includes any medical providers who received an assignment of rights to the insured persons’ rights regarding claims for payment of medical expenses. Claim forms must be postmarked by March 2, 2004, to be considered valid.
The action alleges that American Express and affiliated companies failed to pay, in whole or in part, medical expense benefits under the medical payments or personal injury protection coverage afforded in the companies’ automobile insurance policies. The companies allegedly made those decisions based on their use of certain systems and procedures --including a computer database, peer reviews, and independent medical examinations --to adjust claims for payment of such benefits. Specifically, the following two classes may receive cash payments under the terms of the settlement: (2) those medical providers who provided medical services to the persons described in (1) whose medical bills those persons submitted to American Express, and who received an assignment of the insured persons' rights regarding claims for payment of medical expenses. Completed claim forms must be mailed to: AMEX Medpay Litigation Claim forms must include information regarding the loss, any documentation the claimant believes supports his or her claim, and an affirmation that the information set forth in the claim form is correct. The settlement provides for a cash payment equal to 60% of the difference between the amount of the bills submitted and the amount previously paid by American Express, as established by the documentation submitted by the claimant and American Express. If valid claims are made by both an insured person and a medical provider for the same medical bill, American Express will submit the claim of the insured and medical provider to a neutral evaluator, who will then determine the distribution. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for January 15, 2004.
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 class action lawsuit has been filed in the Western District Court of Washington against Prudential Insurance for violations of. Class members seek compensatory damages, punitive damages, and damages under the Washington State Consumer Protection Act as well as for costs and attorneys' fees pursuant to the litigation. The theory of diminished value asserts that buyers choosing between two otherwise equal vehicles will select one that has not been previously damaged and repaired, even where the repairs to the other vehicle were first-rate. On July 10, 2003, the court gave final approval to a settlement, apparently valued at $825,000, in a class action on behalf all persons insured by an automobile insurance policy issued in Georgia by American Manufacturers Mutual Insurance Company, American Protection Insurance Company, or Lumbermen's Mutual Casualty Company and who made a claim for damage to their vehicles under their collision, comprehensive or uninsured motorist coverage over a specified time period. Though there is no claims deadline at this time, persons who are eligible to take part in the settlement who have not received a notification letter should act as soon as possible to alert the company of their eligibility. Many single parents who work for a living struggle to make ends meet, due to circumstances completely beyond their control. A class action has been filed against Ron Ross, director of the Nebraska Department of Health and Human Services, on behalf of Nebraskans who are single parents and who were removed from Medicaid in 2002 during a special budget-cutting session of the Nebraska legislature, alleging that they were denied the Transitional Medical Assistance (TMA) allowed by federal law. A recent appeals court ruling has reinstated the parents' Medicaid payments until the resolution of the TMA issue. Our senior citizens are one of the greatest assets we have. A class action has been filed against long-term care insurers Penn Treaty American Corporation and Penn Treaty Network America Insurance Company on behalf of all persons that purchased “Personal Freedom” long-term care policies from Penn Treaty within the state of Florida between January 1, 1997, and the present. The action alleges that the companies breached their fiduciary duties and committed fraud in connection with the sale of the policies. A Florida appeals court has ruled that a massive rate hike for windstorm insurance on coastal homes was approved improperly four years ago. The underlying class action against the Florida Windstorm Underwriting Association has been remanded to the trial court for further proceedings. The decision opens the way for refunds or credits to the 400,000 homeowners covered by the state's windstorm insurance pool when the rate hike was imposed. Persons affected by the insurance hike should contact attorneys for the class for more information. Doctors have reached a deal to settle their class-action lawsuit claiming New Jersey's largest health maintenance organization shortchanged thousands of physicians. |
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