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Case ID: 4415 | Insurance | 08/22/2005
Plaintiff Manual Hernandez claimed in 2000 that American Family Mutual Insurance improperly used computer software to reduce payments on medical claims from auto accidents. After contacting an attorney, a lawsuit was soon filed, which sought class action status in a Madison County, Illinois courthouse.
In 2002, Madison County, Illinois Circuit Judge Daniel Stack Stack certified Hernandez as representative of a class of plaintiffs, and subsequently denied American Family's motions to reconsider and to decertify. The class action was originally certified as 33 states having eligiblilty, however, in 2003, Stack ruled that a nationwide class action would be unmanageable and asked the parties to appear again so he could decide which states should remain in the class. After a hearing, he reduced the nationwide class to states where American Family does business - Arizona, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Missouri, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah and Wyoming. Judge Stack reduced the once-heavy national class action suit against American Family Mutual Insurance from 33 states to a trim 12. American Family again moved to decertify the class. The motion stated that the insurer did not use the software in Kansas, Minnesota, North Dakota, Oregon, Utah or Colorado. His latest order as of August 2005, Stack denied the motion to decertify but dropped Kansas, Minnesota, North Dakota, Oregon and Utah. He allowed claims from Colorado since July 1, 2003. For the remaining states he allowed claims since July 25, 1990. The order covers those injured while driving or riding in autos that American Family insured, as well as medical providers with rights of assignment.
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 The parties have reached a tentative $1,303,750 settlement of an action filed against auto insurer Symons International Group, Inc. (Pink Sheet: SIGC.PK) or its parent company, Goran Capital, Inc. (OTCBB:GNCNF) and certain of its officers and directors by stockholders who purchased the company's common stock between February 27, 1998 and November 18, 1999. 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. To recover under the settlement, a completed proof of claim postmarked no later than February 20, 2004, must be mailed to the claims administrator. Many individuals have additional coverage with their car insurance called a rental car rider policy. This policy insures that if you are in an accident and your car is in the shop being repaired, the insurance company will pay for your rental car. It has recently come to the attention of Kahn Gauthier Swick that individuals who purchased State Farm Auto Insurance with the Rental Car Rider may not have received all of the benefits under the policy. A class action lawsuit has been filed in the Western District Court of Michigan against Light Metals Corporation for violations of the Employee Retirement Income Security Act (ERISA). Class members seek damages, declaratory and injunctive relief for breach of a collective bargaining agreement. They also seek to recover benefits due and to clarify rights to future benefits due under an employee welfare benefit plan and an employee pension plan. State Farm agreed to a $31M settlement for class-action billing dispute
Insurer hopes to end dispute over whether it should have told policyholders about UIM rules. The parties have reached a tentative settlement in a class action filed against United Wisconsin Life Insurance Company, American Medical Security, Inc., Prescription for Good Health Trust and AmSouth Bank on behalf of all persons in Alabama and Georgia who purchased a certificate of medical insurance from United Wisconsin. The legal notice describing the class action does not state the deadline for filing claims under the settlement. Persons eligible to take part in the settlement should contact the settlement administrator for more information. WellPoint Inc., the nation's biggest publicly traded health insurer, said July 11, 2005 it will pay up to $198 million to settle two class-action lawsuits brought by representatives of more than 700,000 doctors over alleged unfair payment practices. |
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