This lawsuit alleges that the Defendant Insurers have not complied with Florida law regarding the payment of personal injury protection (“PIP”) benefits under claims where examinations under oath (“EUOs”) were requested. The Parties have agreed to settle the case, and the Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida (“the Court”) has certified a Settlement Class that is described below.
If you are a member of the Settlement Class, you may be entitled to receive the benefits of the Settlement and will be bound by the release and other provisions of the Settlement if it is approved by the Court. You may elect to opt out of the Settlement Class and the Settlement, as explained below. You also have a right to object to the Settlement or to the application for Class Counsel’s attorneys’ fees and the Class Representative’s incentive award, but only if you comply with the procedures described in this Class Notice.
Who’s Eligible
According to the Allstate settlement documents, you may be entitled to benefits if you are a person or entity who is/was:
- An eligible insured person under an Allstate Florida auto policy (or an assignee of an eligible insured person under an Allstate Florida auto policy);
- Where the eligible insured person was injured in an automobile accident covered by the PIP coverage of an Allstate Florida auto policy;
- Where the eligible insured person was requested by an Allstate defendant to appear for one or more examinations under oath; and
- Where the payment of PIP benefits to the eligible insured person and/or an assignee was denied, in whole or in part, by an Allstate defendant because of the failure of the eligible insured person to attend a requested examination under oath and/or failure to produce the requested documentation or information at a requested examination under oath.
Potential Award
Varies.
Class Members are entitled to recover the remaining available benefits for each policy he or she is an eligible insured person or assignee. The claims will be reviewed and adjusted based on information Allstate has from its files and the information submitted on the Claim Form. The total settlement payments payable for all bills for each Class Member will be aggregated to derive a total settlement payment owed to each claimant.
Proof of Purchase
Claimants must submit documentation of each medical provider’s bill that was denied.
Claim Form Deadline
5/4/2017
NOTE: The opt-in deadline passed on Jan. 18, 2017. According to the Allstate settlement documents, Class Members who have claims that are currently pending in a EUO lawsuit could opt in to have those claims included in this class action settlement, and have their EUO lawsuit voluntarily dismissed.
Case Name
Feijoo v. Allstate, Case No. 11-37994CA05, in the 11th Judicial Circuit Court in and for Miami-Dade County, Florida
Final Hearing
3/2/2017
Settlement Website
Claims Administrator
Feijoo v. Allstate
c/o Epiq Systems Inc.
P.O. Box 4655
Portland, OR 97208-4655
1-844-804-4368
[email protected]
Class Counsel
Kenneth B. Schurr
LAW OFFICE OF KENNETH B. SCHURR PA
Juan C. Montes
MONTES & ASSOCIATES LAW FIRM PL
Defense Counsel
Douglas G. Brehm
SHUTTS & BOWEN LLP
Peter J. Valeta
COZEN O’CONNOR
