Rolan v. New West Health Services Frequently Asked Questions

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.

    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.

    -    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