Rolan v. New West Health Services Frequently Asked Questions

Frequently Asked Questions about the Rolan v. New West Health Services Settlement.

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Questions

Answers

1. WHAT IS THIS CASE ABOUT?

Plaintiff Dana Rolan filed this class action in January 2010.  She had been injured in an automobile accident which was not her fault.  She incurred approximately $100,000 in medical bills.  She had health insurance through New West Health Insurance Services ("New West").  New West, however, avoided paying her bills through practices illegal under Montana law.

This class action is described by the Montana Supreme Court in two appeal cases which can be viewed by using the search engine located on the Montana Supreme Court website: Go to the site https://searchcourts.mt.gov/  and enter case number DA 12-0622 to view the first appeal and enter DA 17-0009 to view the second appeal.  You can also make a name search by entering the word "Rolan" followed by the words "New West".

After the second appeal, the Court determined New West had acted illegally in avoiding payment of Ms. Rolan's medical bills.  Therefore, New West is legally required to pay Ms. Rolan thousands of dollars based upon the amount taken from her damage recovery to pay medical bills.  

The Court's ruling was based upon a law commonly referred to as the "Montana made-whole law."  Under it, the health insurer for the injured person is legally required to pay all medical bills when a person is injured by someone else's fault.  It is unlawful for the health insurer to pass that obligation onto the person at fault or that person's insurance company, diminishing the amount available to the injured person for other damages and costs, such as loss of earnings, disabilities, pain and suffering and any legal costs.  Only if the injured person is eventually fully compensated for all damages is the health insurance company allowed to share in the damage recovery. New West violated this law.

The Court has also determined all other persons who had lost part of their injury compensation because New West's unlawfully required the wrongdoer to pay are entitled to money compensation as well. Hence, the notice to determine whether you or a family member might qualify.

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2. HOW DO I KNOW IF I AM QUALIFIED?

To be eligible or considered, you or a family member must meet two conditions:

    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.

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3. WHAT TO DO IF YOU QUALIFY.

Notice to possible class members has been accomplished by mailing postcard notice along with a claim form.  If you believe you qualify, fill out and return the postage paid claims form immediately.  People who wait, could lose their right to class membership and monetary damages.

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4. WHAT DO I DO IF I DID NOT RECEIVE A NOTICE AND CLAIM IN THE MAIL?

If you did not receive a notice in the mail; have lost it or for some other reason have not been able to respond  with a claim, a claims form can be found on this website for either printing and mailing or filling it out electronically.

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5. HOW CAN I OBTAIN ADDITIONAL INFORMATION?

There are several sources to obtain additional information, as follows:

    -    You can visit the courthouse to review the court documents or write or call the Clerk of Court.

                Clerk of Court

                Lewis & Clark County Courthouse

                228 Broadway Street

                Helena, MT  59601

                Tel: (406) 447-8216


    -    You can contact the attorney approved by the Court to litigate the  class action:

                Erik B. Thueson

                P.O.  Box 280

                Helena, MT  59624-0280

                Tel: (406) 449-8200

                email: [email protected]


    -     You can contact the class administrator, Heffler Claims Group at 1-833-913-4212          

             

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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

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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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