The case remains on appeal with the Montana Supreme Court concerning the amount of insurance available to pay class members. As soon as the Court rules, all putative class members will be notified with instructions concerning further proceedings. A decision is expected soon as the appeal has been under advisement for several months.
The issue on appeal is whether there exists $1,000,000 or $3,000,000 of insurance coverage to pay claims and expenses. If the Supreme Court rules there is $3,000,000 in coverage, then the lower court will consider final approval of the class action and distribution of insurance to pay claims. If, however, the Court rules only $1,000,000 is available, then further proceedings will be necessary to determine how or if claims can be processed.
For more detailed information, please review the following documents posted to this site:
-2020-08-24 Allied World's Opening Brief.pdf
-Appellees' Answer Brief (with Filed stamp).pdf
-Appellees' Appendix to Answer Brief FINAL 2020-11-06 (with Filed Stamp).pdf
-2020-12-21 Appellant's Reply Brief.pdf
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.