Announcing a Class Action Settlement Involving Certain Persons Who Submitted Claims for Payment of Bills for Medical Services under PIP Coverage under a Florida Automobile Vehicle Insurance Policy
FT. LAUDERDALE, Fla., June 26, 2020 /PRNewswire/ -- This lawsuit alleges that Allstate Insurance Company, Allstate Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Fire and Casualty Insurance Company, Encompass Indemnity Company, Encompass Floridian Insurance Company, and Encompass Floridian Indemnity Company ("Defendant Insurers") have not complied with certain policies of insurance issued by Defendant Insurers and with Florida law regarding the payment of personal injury protection ("PIP") benefits under policies issued with a PIP deductible. The parties have agreed to settle the case, and the Seventeenth Judicial Circuit Court in and for Broward County, Florida ("the Court") has certified a Settlement Class. If you are a member of the Settlement Class, you may be entitled to receive the benefits of the Settlement and will be bound by the release and other provisions of the Settlement if it is approved by the Court.
Who is Included in the Class? You may be entitled to benefits if you are a person or entity who is an "EIP Class Member" or "Provider Class Member" who has not been previously compensated. These include persons who were or are: i) an Eligible Injured Person or an assignee of an Eligible Injured Person under a Defendant Insurer Florida Auto Policy; ii) where the Eligible Injured Person was injured in an automobile accident covered by the PIP coverage of a Defendant Insurer Florida Auto Policy which was governed by Florida law and the Florida PIP statute; iii) where the PIP coverage for such Eligible Injured Person was subject to a PIP deductible; and iv) where payment of PIP benefits was calculated by applying the PIP deductible, or portion thereof, to a statutorily authorized limitation amount as opposed to the full amount billed for medical services rendered to the Eligible Injured person. For more information regarding who is excluded from the Class, please visit www.AllstateDeductibleSettlement.com.
How Do You Receive a Payment? Under the Settlement, the Defendant Insurers have agreed to pay a Settlement Payment to Class Members who submit a fully completed and signed Claim Form. In order to receive a Settlement Payment, you must submit a Claim Form postmarked no later than November 13, 2020. If you do not submit a Claim Form you will not be entitled to receive any Settlement Payment. For more information on submitting a Claim Form, visit www.AllstateDeductibleSettlement.com.
What Are My Other Options? If you wish to opt out or exclude yourself from the Settlement Class, you must submit a written request for exclusion, postmarked no later than July 28, 2020. If you choose to exclude yourself from the Settlement, you will not be entitled to receive any payment or benefits from the Settlement, your claims against the Defendant Insurers will not be released, and you will be free to separately pursue any claims you believe you may have. If you do not exclude yourself from the Settlement, you may object to the proposed Settlement or intervene in the Action for the purpose of contesting the proposed Settlement. The deadline to file the written notice of intent to object and/or intervene is August 3, 2020. More information on how to exclude yourself or object to the Settlement can be found at the Settlement Website.
The Court will hold a Final Fairness Hearing on September 14, 2020, to determine: (a) the reasonableness, adequacy and fairness of the Settlement; (b) whether Final Judgment should be entered; and (c) to approve the amount of attorneys' fees and costs to be paid directly to Class Counsel and the amount of the incentive award to the Class Representative. The hearing may be postponed or changed to a different date or time or location without notice. You or your own lawyer, if you have one, are welcome to attend the hearing at your own expense, but you are not required to attend.
For more information, please contact the Settlement Administrator by phone at 1-888-279-7565, by e-mail at info@AllstateDeductibleSettlement.com, or visit www.AllstateDeductibleSettlement.com.
SOURCE Seventeenth Judicial Circuit Court in and for Broward County, Florida
