Case management set, motions to be heard in PPO class action suitPublished: 2009-09-12 16:42:54Author: Amelia Flood | St. Clair Record | August 19, 2009A case management conference is set next week for a class action suit
against an insurance company that plaintiffs claim withheld monies due
them by using improper Preferred Provider Organization (PPO) discounts.
Chiropractor
Frank Bemis, his practice and fellow chiropractors Dale Fischer and
Thomas Kaltenbronn, are seeking to lead a class of fellow healthcare
providers against Pekin Insurance Co.
The suit is nearly identical to pending suits filed by other Madison County chiropractors Richard Coy and Lawrence Shipley.
Two
of those suits, Shipley, Coy v. First Health and Coy v. AIG, have moved
into the settlement phase, although the settlement in the Shipley case
is contested.
According to the complaint, Pekin used improper
managed care techniques and allegedly took improper PPO discounts from
workers' compensation and personal injury claims of class members.
The
chiropractors are suing the company on the grounds of civil conspiracy,
violation of the Illinois Consumer Fraud and Deceptive Business
Practices Act, unjust enrichment and breach of contract.
The suit seeks damages of no more than $75,000 per individual class member and costs.
In
its Aug. 4 motion for sanctions, Bemis and Associates claim that Pekin
has failed to comply with its requests for discoverable documents
despite constant requests and two motions to compel.
Full story