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Frequently Asked Questions

  1. What is this lawsuit about?

    The lawsuit was filed on February 14, 2005 and concerns PPO discounts taken by Defendant on the Class Members’ bills. The lawsuit alleges that Defendant wrongfully reduced payments to preferred providers who treated Pekin automobile medpay or workers’ compensation claimants by taking PPO discounts.

    Pekin has denied and continues to deny all charges of wrongdoing or liability against it arising out of the allegations and claims asserted in the lawsuit.

  2. Who is covered by the lawsuit?

    The Court has certified for settlement purposes a class (hereinafter, the “Class”) consisting of:

    All licensed health care providers in Illinois, Indiana, Iowa, Ohio, and Wisconsin who, from January 1, 1998 until May 24, 2011: (a) submitted a bill for medical services covered by a Pekin automobile or workers compensation insurance policy; and (b) received less than the billed amount based on a PPO discount.

  3. What do I have to do at this time?

    If you are a member of the Class, you have the following options.

    • DO NOTHING – If you do nothing and the Court grants final approval of the Settlement, you will automatically be included in the Settlement Class. This means you are bound by the Court’s orders in the case and give up your right to be part of any lawsuit concerning the claims in this case. You will not be eligible to receive monetary relief unless you submit a Request Form.

    • PARTICIPATE IN THE SETTLEMENT – If you wish to participate in the proposed Settlement, you need to complete and return the Request Form, postmarked no later than September 30, 2011. If you fail to submit the Request Form by the deadline, then you may be eligible to a pro-rata distribution pursuant to paragraph 6.2 of the Settlement Agreement. For more information, please refer to the Bemis v. Pekin Insurance Company Notice.

    • EXCLUDE YOURSELF – You will not be entitled to participate in the Settlement if you choose this option. For more information, please refer to the Bemis v. Pekin Insurance Company Notice.

    • OBJECT OR COMMENT WHILE REMAINING IN THE CLASS – Write the Court about why you do, or do not, like the Settlement. You must remain in the class and Settlement to object or comment. For more information, please refer to the Bemis v. Pekin Insurance Company Notice.

    • ATTEND THE HEARING – Ask to speak to the Court about the fairness of the Settlement. For more information, please refer to the Bemis v. Pekin Insurance Company Notice.

  4. What are the settlement benefits?

    Under the Settlement, Defendant has agreed to deposit $500,000 into a Settlement Fund for the benefit of the Settlement Class to settle the lawsuit. After Costs of Notice, Costs of Administration, Incentive Awards, and Attorneys’ Fees and Expenses have been paid from the Settlement Fund, then each Settlement Class Member shall have the opportunity to receive up to 100% of the PPO discounts taken by Defendant, subject to a pro rata reduction. Your actual payment cannot be determined yet. The amount of money you are eligible to receive will depend upon the documents you submit and the total number of Class Members that remain in the Class.

    In the event that there remain any funds in the Settlement Fund after the process described above and in paragraph 6.1.1 of the Settlement Agreement, there will be a pro rata distribution of such remaining funds to all Settlement Class Members. If the pro rata distribution results in a payment of less than $5 per Settlement Class Member, then there shall be no pro rata distribution and the remaining funds shall be distributed pursuant to paragraph 6.2 of the Settlement Agreement.

    More details are in the Settlement Agreement, available on this website.

  5. How do I file a claim?

    If you wish to participate in the proposed Settlement, you must complete and submit a Request Form, along with the necessary supporting documentation, postmarked no later than September 30, 2011, to Bemis v Pekin Insurance Settlement, P.O. Box 2511, Faribault MN 55021-9511. If you fail to submit the Request Form by the deadline, then you may be eligible to a pro-rata distribution pursuant to paragraph 6.2 of the Settlement Agreement.

    For more information on filing a claim, please refer to the Bemis v. Pekin Insurance Company Notice.

  6. Do I need to submit documentation with my Request Form?

    Yes. You must provide itemization of all applicable charges for which PPO reductions or discounts purportedly were taken. Such itemization must be accomplished by submitting 1) a copy of the explanation of review(s) (“EOR”) that itemizes charges, discounts or reductions, and the reasons therefore; or 2) any other materials received from Pekin or the bill review company that itemizes charges, discounts or reductions, and the reasons therefore, sufficient to ascertain the specific charges billed, their dates, the patient for whom the services were provided, and the specific PPO reductions or discounts taken by or on behalf of Pekin.

  7. Do I have to file a claim?

    You do not need to file a claim, however, if you do nothing and the Court grants final approval of the Settlement, you will automatically be included in the Settlement Class. This means you are bound by the Court’s orders in the case and give up your right to be part of any lawsuit concerning the claims in this case. You will provide a Release to Pekin of any claim you might have. If you do not file a claim, then you may be eligible to a pro-rata distribution pursuant to paragraph 6.2 of the Settlement Agreement.

  8. How can I exclude (opt out) from the lawsuit?

    If you do not want to stay in the Class, then you must send a written notice of your request to exclude yourself from the Class, so that it is received no later than July 22, 2011, to Bemis v. Pekin Insurance Settlement, P.O. Box 2511, Faribault MN 55021-9511. Your exclusion request must include (i) your full name, address, and telephone number; (ii) a statement that you request exclusion from the Class and Settlement in Bemis v. Pekin, Case No. 05-L-164; and (iii) your signature.

    If you validly and timely request exclusion from the Class, (1) you will be excluded from the Class; (2) you will not be entitled to a Settlement payment; (3) you will not be bound by the terms of the Settlement, the judgment dismissing the lawsuit, or the release of claims provided by the Settlement; and (4) you will not be entitled to comment on the proposed Settlement or be heard at the fairness hearing.

    For more information on excluding yourself from the Class, please refer to the Bemis v. Pekin Insurance Company Notice.

  9. How do I object to the Settlement?

    If you are a member of the Class and you do not request to be excluded, you may object to or offer comment in favor of the terms of the Settlement or to Class Counsel’s request for attorneys’ fees and expenses. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your own attorneys’ fees and costs.

    If you object to the Settlement, you must file your written objection on or before July 22, 2011.

    For more information on how to object or enter and appearance, please refer to the Bemis v. Pekin Insurance Company Notice.

  10. When is the Fairness Hearing?

    The Fairness Hearing is scheduled for August 23, 2011, at 9:00 a.m., in the courtroom of the Honorable William A. Mudge, Circuit Judge of the Circuit Court, Third Judicial Circuit, Madison County Illinois.

  11. How do I contact Class Counsel?

    You can email Class Counsel at ppo.classaction@lakinchapman.com. You can also contact them by mail at: LakinChapman LLC, 300 Evans Avenue, P.O. Box 229, Wood River IL 62095. Please include the reference Bemis v. Pekin.

  12. What if I still have questions?

    You can view and print the Bemis v. Pekin Insurance Company Settlement Agreement, the Bemis v. Pekin Insurance Company Preliminary Approval Order, and the Bemis v. Pekin Insurance Company Notice at this website.

    Inquiries may also be sent to:

    Bemis v. Pekin Insurance Settlement
    P.O. Box 2511
    Faribault MN 55021-9511




DO NOT CONTACT THE COURT OR CLERK OF COURT WITH QUESTIONS.