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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.
2. HOW DO I KNOW IF I AM QUALIFIED?
To be eligible or considered, you or a family member must meet two conditions:
Health insurance through New West at any time from January 26, 2002.
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).
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.
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.
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
58 South View Rd
Clancy, MT 59634
Tel: (406) 459-1792
email: ethueson@gmail.com
Morrison Sherwood Wilson Deola
P.O. Box 557
Helena, MT 59624
Tel: (406) 442-3261