Folweiler Chiropractic, PS v. Progressive Max Insurance Co., et al.
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If you are a Washington health care provider who billed Progressive Insurance Company (“Progressive”) for services provided to Progressive insureds under the insured’s Personal Injury Protection (“PIP”) coverage, your rights may be affected by a class action settlement in Folweiler v Progressive Ins. Co No. 15-2-17846-6 SEA (King County Superior Court, Washington State). The court has preliminarily approved the Settlement and certified a Settlement Class.

WHAT IS THIS CASE ABOUT?

The class action alleges claims relating to the payment of reasonable medical expenses under the PIP provisions of Progressive automobile insurance policies billed to Progressive from June 1, 2011 to December 31, 2013. The Plaintiff alleges that Progressive automatically reduced its payments of medical bills in violation of the Washington Administrative Code and the Consumer Protection Act. Progressive has denied all of Plaintiff’s claims and asserted that its practice was reasonable and did not violate Washington law but has agreed to settle the case.

ARE YOU AFFECTED?

Unless you exclude yourself, you are a member of the Settlement Class if you are a Washington health care provider who billed Progressive from June 1, 2011 to December 31, 2013 for medical expenses incurred under a Subject Policy and were paid less than the amount billed due to Code 41 Reductions.

WHAT DOES THE SETTLEMENT PROVIDE?

Eligible Class Members who file timely valid Claims will receive payment of (1) 165% of the amount of eligible reductions made and (2) $25.


WHAT ARE MY OPTIONS?

  • Submit a Claim: This is the only way to get Settlement benefits. Claim Forms must be postmarked by December 5, 2016.
  • Exclude Yourself: This is the only way to retain your rights to sue the Defendants. To exclude yourself you must send a written request so that it is postmarked by September 26, 2016.
  • Object to the Settlement: If you dislike the terms of the Settlement, you may object. Your objection must be in writing and sent so that it is postmarked by September 26, 2016.
  • Do Nothing: If you do not exclude yourself, and do not file a Claim, you will give up your rights to sue, and you will not obtain any Settlement benefits.

Please visit the Frequently Asked Questions section of this website for additional details and information regarding the options above.