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Case ID: 4958 | Insurance | 12/22/2006
A class-action lawsuit involving more than 2,200 physicians will be allowed to proceed after a judge denied three insurance companies' request for arbitration.
The doctor groups filed suit against Blue Cross and Blue Shield of Kansas City, Humana and UnitedHealthcare. The suit claimed the three insurers were violating antitrust laws by conspiring to fix prices and refusing to negotiate reasonable reimbursements. Most the doctors' contracts with the insurers included clauses sending disagreements to a third-party arbitrator, which the insurance companies demanded and a special master in the case recommended. Circuit Judge Charles E. Atwell supported the doctors' opposition to arbitration. “This court believes that the unique facts to this particular litigation creates a factual perfect storm that makes these contracts unconscionable and against the public policy,” Atwell wrote in his ruling. “To enforce these arbitration agreements would grant immunity to these defendants regarding any kind of claim touching upon conspiracy or relief as part of a class action. The lawsuit represents physicians in the Kansas City, Missouri area who claimed the three insurers were violating antitrust laws by conspiring to fix prices and refusing to negotiate reasonable reimbursements. 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 federal court in Louisiana has certified the class in a class action filed against Imperial Adjustment Company and Equifax Credit Information Services alleging that Equifax gave Imperial unrestricted access to the personal credit reports of approximately 150 class members. Riders are peddled by insurance companies to provide extra coverage for specific events or circumstances. Ten related class actions have been filed against Southwestern Life Insurance Company on behalf of all U.S. purchasers of Southwestern Life policies that included child rider coverage. The actions allege that Southwestern Life breached its contracts with class members, committed fraud, and was negligent in its representations about the child riders that it sold.
Ten Illinois residents filed a class action lawsuit against Allstate Insurance Company alleging the insurance company charges different premiums to customers with the same risks. The plaintiffs allege Allstate violated the Illinois Consumer Fraud and Deceptive Business Practices Act and was unjustly enriched. According to the complaint filed May 25 in St. Clair County Circuit Court, Illinois law mandates that insurers treat like risks alike and different risks differently.
Asbestos-related work injuries can be devastating. The parties have reached a tentative $375 million settlement in several class actions filed against Travelers Property Casualty Corporation on behalf of persons exposed to asbestos and their families, who allege that the insurer engaged in unfair trade practices by inappropriately handling and settling asbestos claims. A class action has been filed against American Investors Life Insurance Company on behalf of senior citizens in California who were sold expensive annuity policies that allegedly offer no benefit payouts for at least ten years. The suit alleges that the company has engaged in unfair business practices by improperly targeting the marketing and sale of these annuities to senior citizens.
The unfortunate practice of insurance credit scoring is legal under federal law, with some limitations. Four similar class actions have been filed against auto insurance provider Progressive Corporation and related companies on behalf of policyholders who allege that the insurers do not advise them that it uses their credit reports in deciding to force them to pay higher premiums than others, in violation of the federal Equal Credit Opportunity and Fair Credit Reporting acts.
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