In Gabriel et al., v. Nationwide Life Insurance Co., U.S. Dist. Court No. C09-0508 JCC, Western District of Washington, three health care consumers filed a class action lawsuit against Nationwide Life Insurance Company, alleging that the insurer sold Washington consumers an unauthorized health plan that left them without adequate coverage when they became sick. More than 468 Washington residents were covered through the same or similar Nationwide health plan through their employers. To find out more about the lawsuit, review the plaintiffs' Complaint and Nationwide's Answer.
The three consumers had been sold a "fixed-payment indemnity plan" which only provided small lump-sum payments for certain types of medical treatment, such as $1000 for each day in the hospital, regardless of the actual costs of treatment.
UPDATE:
The parties in this lawsuit have reached a settlement which the Court has preliminarily approved. The Court has also approved certification of a class defined as:
All individuals who were covered by Nationwide Life Insurance Company under a fixed-indemnity policy between April 16, 2003, and November 23, 2009, and who were Washington residents at the time in which they enrolled or re-enrolled in the Nationwide policy.
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If you want to find out whether you are in the proposed class or if you have questions about the proposed settlement or claims process, please, contact Eleanor Hamburger at (206) 223-0303.
On July 9, 2010, the Plaintiffs filed a Motion for Attorneys Fees and Incentive Awards, which will also be considered by the Court at the August 5, 2010 hearing.
On August 11, 2010 the Court approved the Settlement Agreement with Nationwide and issued its Order and Final Judgement
Below please find additional information about the lawsuit, the proposed Settlement Agreement, the Notice to Class Members, he Claims Process and the Plaintiffs' Motion for Attorneys Fees and Incentive Awards.
Plaintiffs' Complaint
Defendants' Answer
Joint Motion for Preliminary Approval of Settlement Agreement
Settlement Agreement
Notice to Class Members, Opt-out form, Claim form, Claim Worksheet
Motion for Class Certification
Court's Order Preliminarily Approving the Settlement Agreement, Class Certification and
Establishing a Final Settlement Approval Hearing and Process
Motion for Attorneys Fees and Incentive Awards
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