Folweiler Chiropractic, PS v. American Family Insurance Company
American Family Class Action PIP Settlement
Case No. 16-2-16112-0 SEA

Welcome to the American Family Class Action PIP Settlement Website

If you are a Washington healthcare provider who from July 8, 2012 through December 23, 2019, submitted medical bills for payment, under the terms of an insured’s Personal Injury Protection or Medical Payments coverage, to American Family Insurance Company or American Family Mutual Insurance Company and had your bills reduced based on an explanation code P0041, as set out in the Explanation of Remittance form you received, a class action settlement may affect you.

 

In the class action lawsuit referenced above, Dr. David Folweiler sued American Family Insurance Company and American Family Mutual Insurance Company (“Defendants”) alleging that, in connection with paying benefits under an insured’s Personal Injury Protection (“PIP”) or Medical Payments (“MedPay”) coverage, Defendants improperly reduced provider charges exceeding the 85th percentile  of charges contained in a medical charge database.

Defendants have denied all of Plaintiff’s allegations and any other wrongdoing.

After several years of litigation, the parties have agreed to settle the class action.  You may be entitled to share in the cash settlement if you were a Washington healthcare provider who from July 8, 2012 through December 23, 2019 submitted medical bills for payment, under the terms of an insured’s Personal Injury Protection or MedPay coverage, to Defendants and had your bills reduced based on an explanation code P0041 (“Reason Code 41”) as set out in the Explanation of Remittance form you received.

If you are a member of this class, you can submit a claim form to recover the amount of charges that were reduced between July 8, 2012 and December 23, 2019 for explanation Reason Code 41 if you have not already been reimbursed for those charges from another source and the insured’s limits of coverage have not already been exhausted.

The court granted final approval of the Settlement on February 19, 2020.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

PARTICIPATE IN THE SETTLEMENT

April 20, 2020 (Postmarked)
If you wish to receive money from the settlement, you must file a claim. You may download a copy of the claim form from the Important Documents page or you may file a claim online.
EXCLUDE YOURSELF

February 10, 2020 (Postmarked) PASSED
If you do not want to receive money from the settlement, but you want to keep your rights to sue Defendants separately, you must send a letter requesting exclusion. For information on how to exclude yourself, see FAQ 12.
OBJECT

February 10, 2020 (Postmarked) PASSED
If you wish to object to the settlement, you must file a written objection with the court. Submitting an objection does not exclude you from the Settlement. For information on how to file an objection to the Settlement, see FAQ 15.
FINAL HEARING

February 19, 2020 PASSED
The court will hold final approval hearing on February 19, 2020 at 3:30 p.m. in Courtroom 847 at 516 3rd Avenue, Seattle, Washington 98104 to decide whether to approve the Settlement. For more information on the Final Hearing, see FAQ 19.
DO NOTHING If you do nothing, you will not receive any money but you will still be bound by the terms of the settlement, including the release of claims described in FAQ 11.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Folweiler v. American Family Insurance
c/o JND Legal Administration
PO Box 91209
Seattle, WA 98111