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Frequently Asked Questions

  1. What is this lawsuit about?

    The lawsuit (Lebanon Chiropractic Clinic, P.C. v. Mid-Century Insurance Company, Farmers Insurance Exchange, Farmers Group, Inc., Illinois Farmers Insurance Company and Zurich Services Corporation, No. 06-L-8, Circuit Court, Twentieth Judicial Circuit, St. Clair County, Illinois), concerns PPO reductions allegedly applied by Farmers Defendants on the class members’ bills.

    Farmers Defendants means Mid-Century Insurance Company, Illinois Farmers Insurance Company, Farmers Insurance Exchange and Farmers Group, Inc.

    The lawsuit alleges that Defendants incorrectly reduced payments to providers in the CCN/First Health PPO network who submitted their medical bills as first-party claims to the Farmers Defendants under an automobile policy’s Medpay provision by applying PPO reductions allegedly not available to them.

    Defendants have denied and continue to deny all charges of wrongdoing or liability against them arising out of the allegations and claims asserted in the lawsuit and deny that any class member has any valid claim against them arising from their application of CCN/First Health PPO reductions.

  2. Why did I receive this Notice?

    This notice is designed to inform members of the class defined below of the pendency of this litigation and of the proposed Settlement and to describe class members’ rights and options.

  3. Who is included in the Settlement?

    The Court has certified for settlement purposes only a class (the “Class”) consisting of: All licensed healthcare providers in the State of Illinois (1) who provided medical services to one or more insureds or claimants of the Farmers Defendants, (2) who by assignment or otherwise have rights to benefits under automobile insurance policies issued by the Farmers Defendants or have other claims against the Farmers Defendants, and (3) who, in the period 2001 through March 1, 2004, (a) submitted their medical bill as first-party claims to the Farmers Defendants pursuant to an automobile policy’s Medpay provision that did not contain a PPO option, (b) received or were tendered partial payment but in an amount less than that set forth in the submitted medical expenses, based on a CCN/First Health PPO reduction, and (c) were paid, and/or other medical providers of the insured and/or the insured were paid, by the Farmers Defendants a total, combined amount less than the Medpay policy limit stated in the policy under which the Medpay claim was submitted.

    To represent the above Class for purposes of the Settlement, the Court has appointed the named plaintiff in this lawsuit, Lebanon Chiropractic Clinic, P.C., as the class representative and has appointed the following attorneys to serve as Class Counsel: LakinChapman, LLC, 300 Evans Avenue, P.O. Box 229, Wood River, Illinois 62095 (“Class Counsel”).

  4. What are the Settlement benefits?

    The following description of the settlement benefits is qualified in its entirety by reference to the Class Action Settlement Agreement, a copy of which is on file with the Court.

    Under the proposed Settlement, Defendants will make payments to class members who submit valid claims. If you are a class member and wish to make a claim, you must fill out and submit the accompanying Request Form, along with any required documentation, postmarked no later than May 30, 2012, to Farmers/Zurich PPO Settlement P.O .Box 2594 Faribault, MN 55021-9594.

    All claims are subject to verification. You may be asked to provide additional information or documentation to support your claim.

    If it is determined that you previously received payment of a PPO reduction identified in your claim, your Settlement payment will be reduced by that amount.

  5. Who is paying the Attorneys’ fees and expenses?

    Since the filing of the litigation in 2006, Class Counsel have not been paid for their services or reimbursed for any costs. If the Court approves the proposed Settlement, Class Counsel will apply to the Court for an award of attorneys’ fees and reimbursement of expenses in the total amount of $425,000. Class Counsel will also apply for a payment of $10,000 to Lebanon Chiropractic Clinic, P.C. for its initiative and effort in pursuing this litigation on behalf of the class. The Defendants will pay any award of attorneys’ fees and expenses and any payment to Lebanon Chiropractic Clinic, P.C. separately from and without reducing the Settlement payments to class members. Under no circumstances will you be personally liable for Class Counsel’s attorneys’ fees or expenses or the payment.

  6. What happens if the Court approves the Settlement?

    If you fall within the Class definition and remain in the Class, and the Settlement is approved, the Court will enter a judgment dismissing the lawsuit with prejudice and releasing any and all claims that you have or may have against any of the Defendants, including affiliated companies, whether known or unknown, relating to the Farmers Defendants’ application of a CCN/First Health PPO reduction.

    In addition, if the Settlement is approved, Defendants will make payments to class members who submit valid claims.

  7. How can I participate in the Settlement?

    If you wish to participate in the proposed Settlement, you must complete and submit the accompanying Request Form, along with any required documentation, postmarked no later than May 30, 2012, to Farmers/Zurich PPO Settlement P.O Box 2594, Faribault, MN. 55021-9594. If you fail to submit the Request Form by the deadline, you will not be entitled to any Settlement payment but you will still be bound by the Settlement and the judgment, including the release of your claims against the Defendants. If you wish to comment in favor of the Settlement, you may send your comment to Jonathan B. Piper of LakinChapman, LLC, 300 Evans Avenue, P.O. Box 229, Wood River, Illinois 62095. At the start of your comment, please include a reference to Lebanon Chiropractic Clinic, P.C. v. Mid-Century Insurance Company, et al., No. 06-L-8.

  8. How can I exclude myself from the Settlement?

    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 December 1, 2011, to Farmers/Zurich PPO Settlement P.O. Box 2594, Faribault, MN 55021-9594. 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 Lebanon Chiropractic Clinic, P.C. v. Mid-Century Insurance Company, et al., No. 06-L-8; 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 to be heard at the Fairness Hearing.

  9. How can I object or comment on 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 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, on or before December 1, 2011: (1) file with the Clerk of the Circuit Court, Twentieth Judicial Circuit, St. Clair County, Illinois, located at the St. Clair County Courthouse, 10 Public Square, Belleville, Illinois 62220, and (2) serve on (i) Jonathan B. Piper, LakinChapman LLC, 300 Evans Avenue, P.O. Box 229, Wood River, Illinois 62095 1127 (Class Counsel), (ii) Randall A. Hack, Locke Lord LLP, 111 South Wacker Drive, Chicago, IL 60606 (Counsel for Farmers Defendants), and (iii) Christina Harrison, Williams Montgomery & John Ltd., 233 South Wacker Drive, Suite 6100, Chicago, Illinois 60606 (Counsel for ZSC) a written objection, verified by sworn affidavit which includes: (a) your name, address and telephone number; (b) the name of the case and the case number; (c) a statement of each objection; and (d) a written brief detailing the specific reasons, if any, for each objection, including any legal and factual support you wish to bring to the Court’s attention and any evidence you wish to introduce in support of the objection. If you are represented by counsel for the purposes of objecting to the Settlement, then the objection must also include: (i) the identity and number of other Class Members represented by your counsel; (ii) the number of such represented Class Members who have opted out of the settlement; (iii) the number of such represented Class Members who have remained in the settlement and have not objected; (iv) the date your counsel assumed your representation; and (v) a list of the names of all classes where your counsel has objected to a class action settlement in the last three years. Objecting Class Members who intend to testify in support of their objection either in person or by affidavit must also make themselves available for deposition by Class Counsel or Defendants’ counsel in their county of residence, between the time the objection is filed and fourteen (14) days before the date of the Fairness Hearing. Any Class Member who files and serves a written objection may appear at the Fairness Hearing, either in person or through counsel hired at the Class Member’s expense, but must deliver a Notice of Intention to Appear to Class Counsel and Defendants’ counsel, and have it file-stamped by the Court no later than December 1, 2011. The Notice of Intention to Appear must: (1) state how much time the Class Member and/or their attorney anticipates needing to present the objection; (2) identify, by name, address, telephone number and detailed summary of testimony any witnesses the Class Member and/or their attorney intends to present any testimony from; and (3) identify all exhibits the class member and/or their attorney intends to offer in support of the objection and attach complete copies of all such exhibits.

    Class members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard at the Fairness Hearing or have the right to appeal from approval of the Settlement.

  10. When and where will the Court hold a hearing on the Settlement?

    On January 4, 2012, at 1:30 p.m., in the courtroom of the Honorable Vincent Lopinot, Circuit Judge of the Circuit Court, Twentieth Judicial Circuit, St. Clair County, Illinois, located at the St. Clair County Courthouse, 10 Public Square, Belleville, Illinois 62220, Judge Lopinot will hold a fairness hearing for the purpose of deciding (a) whether the Settlement should be approved as fair, reasonable, and adequate for the class; (b) whether a judgment granting approval of the Settlement and dismissing the lawsuit with prejudice should be entered; and (c) whether Class Counsel’s application for attorneys’ fees and expenses should be granted. The hearing may be postponed, adjourned, or rescheduled by the Court without further notice to the class. You do not need to attend this hearing to remain a class member or to participate in the Settlement.

  11. Where can I get more information on the Settlement?

    The Notice is a summary and does not describe all details of the Settlement. For full details of the matters discussed in this Notice, you may wish to review the Class Action Settlement Agreement dated August 30, 2011, available online at www.pposettlements.com. A complete copy of the Class Action Settlement Agreement and all other pleadings and papers filed in the lawsuit are also available for inspection and copying during regular business hours at the Office of the Clerk of the Circuit Court, Twentieth Judicial Circuit, St. Clair County, Illinois, located at the St. Clair County Courthouse, 10 Public Square, Belleville, Illinois 62220.

    You can view and print the Class Action Settlement Agreement, this Notice, and the Request Form at www.pposettlements.com. You can also direct inquiries to Class Counsel at ppo.classaction@lakinchapman.com or by mail LakinChapman, LLC, 300 Evans Avenue, P.O. Box 229, Wood River, Illinois 62095. Please include the reference Lebanon Chiropractic Clinic, P.C. v. Mid-Century Insurance Company, et al., No. 06-L-8. Answers to frequently asked questions are available at www.pposettlements.com or by calling 1-800-657-1974.


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