Rolan v. New West Health Services

Montana First Judicial District Court, Lewis & Clark County, Cause No. CDV-2010-91

UPDATE: March 23, 2022

            On March 8, 2022, the Montana Supreme Court denied the Class's petition for a rehearing and remanded to the lower court for  further proceedings.  Class counsel has requested a hearing to schedule future proceedings, including eventually, a hearing where all class members will be entitled to provide their input.  Court documents, including the petition for a rehearing and the Montana Supreme Court orders related thereto are provided.


UPDATE: February 2, 2022

          On January 5, 2022, the Montana Supreme Court finally made its decision regarding the existence and amount of insurance available to pay class members. Unfortunately, the Court opined that only the $1,000,000 policy limit applied and not the $3,000,000 limit. See, Opinion. This essentially means there will not be adequate insurance proceeds to fully compensate class members.

          We are, however, requesting a rehearing as we believe the Supreme Court misinterpreted and misapplied prior law. See, Petition for Rehearing. The defendant insurer, Allied Insurance, has responded. See, Response. We await a decision which we expect in the next few months.

          The website will be updated when the Supreme Court makes its final decision. Further court proceedings will be necessary in the lower court before we know what can be done. You will then receive another written notice which will allow you to provide your input.

          For detailed information, the following court documents are provided for your review.

1)    Supreme Court’s Opinion dated 1/5/22;

2)    Plaintiffs/Appellees’ Petition for Rehearing dated 1/18/22; and

3)    Allied World’s Objections to Petition dated 1/21/22.


WHAT THIS CASE IS ABOUT


A notification was sent to all persons who may be eligible for membership in this class action suit, Rolan v. New West Health Services.   Persons who qualify may be eligible to receive thousands, tens of thousands or possibly, hundreds of thousands of dollars in damages, depending on the circumstances.


WHO IS QUALIFIED


The Court has ruled that members of the class will receive monetary damages because New West unlawfully failed to pay some or all of their medical bills.  To be Eligible or considered, you or a family member must meet two conditions, as follows:

    1.    Health insurance through New West at any time from January 26, 2002.

    2.    Injured due to the legal fault of another person or company (e.g. automobile accidents, slips and fall; dangerous                 consumer products; medical malpractice or other types of claims for injury).


If you or a family member satisfy these two conditions, you are a putative class member and your claim will be considered or eligible to receive money.


WHAT TO DO IF YOU QUALIFY


In order to participate in the distribution of the Net Settlement Funds, you must fill out and mail back the pre-paid claim form no later than February 26, 2021.  The Court has ruled that people who fail to mail back their claims form within this time period, may forfeit their right to receive a monetary recovery.  If you did not receive a pre-paid claim form via mail, you can download a copy from the documents section of this site.

This website is authorized by the Court, supervised by counsel and controlled by Heffler Claims Group, the Class Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-833-913-4212

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

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Submit Claim

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Important Dates

  • Claim Form Deadline.

    Friday, February 26, 2021 You must mail your completed Claim Form no later than February 26, 2021.

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