If you were a member of an insurance plan that was endorsed by Christopher Reeve, and included disability, accident, sickness, or travel insurance, and was sometimes offered as the HealthExtras Catastrophic Accidental Disability Program, the HealthExtras Benefits program, the American Express Accidental Disability Plan, the Catastrophic Accident Plan, or the Accident Protection Plan, a class action settlement may affect you.
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In the class action lawsuit referenced above, certain Plaintiffs sued the entities identified as “Defendants” in section #2 of the Notice, claiming that at various times from 1999 through 2014, each was involved in the sale or underwriting of allegedly invalid or illegal disability, dismemberment, casualty, emergency accident and sickness medical expense benefit, or travel insurance coverage.
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Plaintiffs sued on behalf of all people that paid for such insurance coverage by enrolling in any of various “Benefits Programs,” as defined in section #5 of the Notice.
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Defendants have denied all of Plaintiffs’ allegations and any other wrongdoing.
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After years of litigation, the Parties have agreed to settle the class action for $15,000,000 (the “Settlement Fund”), which, after deduction of attorneys’ fees, expenses, administration costs, and case contribution awards, will be divided between two groups, depending on which insurers underwrote the policies providing a class member’s disability coverage—the “HealthExtras Settlement Class” and the “Stonebridge Settlement Class”—and then proportionately distributed to members of the separate Settlement Classes who submit valid and timely claims.
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If you paid for memberships or received any benefits from any Benefits Program at any point from 1999 through 2014, you may be a class member. Under the terms of the Settlement Agreement, you are entitled to receive a cash payment if you submit a valid claim form, in exchange for releasing all claims against the Defendants and certain other entities arising out of or relating to the Benefits Programs.
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The Court in charge of this case has not decided whether to finally approve the settlement; however, the Court has preliminarily approved the settlement as fair, adequate and reasonable. Payments will take place if the Court approves the settlement and after any appeals are resolved.
Who’s Eligible
According to the Class Notice: “You may be a Class Member if you paid for or received any benefits or memberships from or relating to any Benefits Programs. ‘Benefits Programs’ include (1) the ‘HealthExtras Catastrophic Accidental Disability Program,’ the ‘HealthExtras Benefits Program,’ the ‘American Express Accident Disability Plan,’ the ‘Catastrophic Accident Plan,’ and the ‘Accident Protection Plan,’ as well as (2) any benefits program or memberships offering any type of disability, dismemberment, casualty, emergency accident and sickness medical benefit, or travel insurance, marketed or administered by HealthExtras, J.C. Penny Life Insurance Company, Stonebridge Life Insurance Company, or American Express Travel Related Services Company, Inc., among other financial institutions, or (3) that used the trade name ‘HealthExtras,’ including any such program endorsed by Christopher Reeve, provided, however, that ‘Benefits Program’ does not include benefits or memberships received as an employee of HealthExtras Inc. or Catalyst Health Services Inc.”
There are two Classes defined in this HealthExtras class action settlement: the HealthExtras Settlement Class and the Stonebridge Settlement Class.
HealthExtras Settlement Class: You are a member of the HealthExtras Settlement Class if you paid for or received any benefits or memberships from or relating to any Benefits Programs for which any insurance coverage was underwritten by the following insurance companies: National Union Fire Insurance Company of Pittsburgh, Pa.; Federal Insurance Company; Reliance Insurance Company; Zurich American Insurance Company; or AMEX Assurance Company.
Stonebridge Settlement Class: You are a member of the Stonebridge Settlement Class if you paid for or received any benefits or memberships from or relating to any Benefits Programs for which any insurance coverage was underwritten by J.C. Penny Life Insurance Company or Stonebridge Life Insurance Company.
Potential Award
Varies, depending on the Class the claimant belongs to, how much they paid in membership fees, how long they were enrolled in any Benefits Programs, and the total number of claims filed.
According to the settlement documents, the settlement fund will be distributed on a proportional basis as follows: 75 percent of the settlement fund will be set aside for the HealthExtras Settlement Class and the remaining 25 percent will be set aside for the Stonebridge Settlement Class.
Proof of Purchase
N/A
Claim Form Deadline
3/31/2017
Case Name
Giercyk v. National Union Fire Insurance Company of Pittsburgh, PA, et al., Case No. 2:13-cv-06272-FSH-MAH, in the U.S. District Court for the District of New Jersey
Final Hearing
4/20/2017
Settlement Website
Claims Administrator
HealthExtras Settlement Administrator
Heffler Claims Group
P.O. Box 60167
Philadelphia, PA 19102
1-844-245-3767
Class Counsel
Joseph H. Aughtman
AUGHTMAN LAW FIRM
Richard M. Golomb
Kenneth Grunfeld
GOLOMB & HONIK PC
Aaron Hemmings
HEMMINGS & STEVENS PLLC
Defense Counsel
Grant W. McGuire
TOMPKINS MCGUIRE WACHENFELD & BARRY LLP
