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Sentry Notice

NOTICE OF PROPOSED CLASS ACTION SUPPLEMENTAL SETTLEMENT

AND FAIRNESS HEARING

A court authorized this Notice.  This is not a solicitation from a lawyer

IF YOU PROVIDED MRI SERVICES SINCE JANUARY 1, 2010 UNDER PIP COVERAGE

TO PERSONS INSURED BY SENTRY INSURANCE (as defined below)1
YOUR LEGAL RIGHTS COULD BE AFFECTED

  • This Notice explains a proposed class action settlement that could entitle you to payments and may affect and release your rights.
  • This settlement resolves a lawsuit over the proper payment for magnetic resonance imaging (“MRI”) services provided to SENTRY INSURANCE insureds on or after January 1, 2010 under personal injury protection (“PIP”) provided pursuant to the Florida Motor Vehicle No-Fault Law (the “No-Fault Law”).
  • Your legal rights are affected whether you act or don’t act.  Read this Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Do Nothing

By doing nothing, you will automatically be entitled to money under the settlement.  You do not need to submit a settlement claim or a demand letter. You will receive a settlement payment without reduction due to exhaustion of benefits occurring after the date of your bill for MRI services.  But, you give up any rights to sue SENTRY INSURANCE on your own about the same MRI services addressed by the settlement

Ask to be Excluded by November 5, 2012

Get no payment.   This is the only option that allows you to ever be part of any other lawsuit against SENTRY INSURANCE, about the MRI services addressed by the settlement.

Object to the settlement or request to appear by November 5, 2012

You may write to the Court about what you don't like about the settlement.

You may also ask to speak in Court about the fairness of the settlement

The Court in charge of this case still has to decide whether to approve the settlement.  Payments will be made if the Court approves the settlement and after appeals are resolved. Please be patient.


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1“SENTRY INSURANCE,” as used in this Notice and the Release attached as Exhibit “A” hereto, means and includes Peak Property and Casualty Insurance Corp., Dairyland Insurance Company, Sentry Insurance, A Mutual Co., (SIAMCO), and each of their respective present and former officers, directors, employees, insureds, agents, contractors, attorneys, insurers, trustees, representatives, predecessors, successors, parents companies, divisions, subsidiaries, affiliates, and assigns, and/or anyone acting or purporting for act for them or on their behalf.

                                                                                BASIC INFORMATION  

Why did I get this Notice?

A court has allowed, or “certified” certain claims in this lawsuit to be resolved by a class action settlement.  It may affect you if you are a Florida MRI service provider who treated injured people covered under automobile insurance policies issued by SENTRY INSURANCE.  The court has preliminarily approved the settlement, which triggers certain legal rights that you have.  This Notice explains all of these things.

 The Court in charge of the lawsuit and settlement is the Circuit Court for the Thirteenth Judicial Circuit, in and for Hillsborough County, Florida (the “Court”), and the case is known as AFO Imaging v. Peak Property and Casualty Ins. Co. et al., Case No. 08-CA-021533 (referred to in this Notice as the “Lawsuit”).  The health care provider who sued – AFO Imaging, Inc. (“AFO Imaging”) - is called Plaintiff, and the companies it sued –SENTRY INSURANCE - are called Defendants.  The Court is overseeing the Lawsuit together with another lawsuit making similar claims against other insurance companies.  That lawsuit is known as AFO Imaging, Inc. v. Nationwide Mutual Insurance Company et al., Case No. 08-CA-021531.  You may receive a notices relating to that lawsuit or other lawsuits as well.  Each of those lawsuits may require you to respond, so please read all notices carefully. 

What is the Lawsuit about?

The Lawsuit is about the proper calculation of amounts due for MRI services covered by personal injury protection (“PIP”) coverage under automobile policies issued in Florida.  The Florida Motor Vehicle No-Fault Law that took effect January 1, 2008, contains a fee schedule that SENTRY INSURANCE has used as the basis for reimbursing MRI services billed under PIP coverage. 

The Lawsuit was certified as a class action in 2009 for purposes of having the Court decide the disputed issues.  At that time, MRI service providers who had billed SENTRY INSURANCE were sent notices of their legal rights.  On May 5, 2010, the Court entered Final Judgment in favor of Plaintiff and the class of MRI service providers.  The Final Judgment included a declaration of rights as well as damages for class members who stayed in the damages class.  The Final Judgment was approved (i.e., affirmed) on appeal by the Second District Court of Appeal. SENTRY INSURANCE paid the damages amounts as provided in the Final Judgment, with statutory interest, in December 2011. 

After the Final Judgment, while the Lawsuit was on appeal, SENTRY INSURANCE continued to apply caps to the fee schedule that Plaintiff had challenged.  Plaintiff therefore filed a motion seeking additional or “supplemental” relief for MRI services that were not paid under the Final Judgment.  This generally included some MRI services provided after January 1, 2010, and all MRI services provided after the Final Judgment until SENTRY INSURANCE stopped applying the caps in 2011. 

Plaintiff and SENTRY INSURANCE agreed to settle the claims for supplemental relief on behalf of a class of all Florida MRI service providers.  The Court has preliminarily approved that settlement, subject to final review, as described in this Notice. 

What is a class action?

In a class action, a Class Representative, in this Lawsuit AFO Imaging, Inc., sues on behalf of people who have similar claims.  All of these people, called class members, make up a class.  One court resolves the issues for all class members, except for those who exclude themselves from the class.  

Why is there a settlement?

The Court has not decided the supplemental claims in favor of Plaintiff or SENTRY INSURANCE. Instead, both sides agreed to a settlement. That way, they and the affected MRI service providers avoid the risk, delay, and expense of continuing the Lawsuit, and the Settlement Class Members, as described in this Notice, will be eligible to get compensation.  The Class Representative and Class Counsel, as described in this Notice, think the settlement is best for all affected MRI service providers who will be Settlement Class Members as described in this Notice. 

Can I file my own lawsuit or demand?

Not if you remain a Settlement Class Member.  The Court has preliminarily approved the settlement.  Since Settlement Class Members will be eligible to receive compensation through the settlement instead of having to bring their own lawsuits, the Court has tolled the time for SENTRY INSURANCE to respond to demands and civil remedy notices and has tolled the statute of limitations while Settlement Class Members decide whether or not they will stay in the class.  The tolling order issued on September 4, 2012 states: 

The statute of limitations and all other presuit time limits, including without limitation any time limits to pay or otherwise respond to notices of intent to initiate litigation (a/k/a demand letters) under Chapter 627 of the Florida Statutes or notices of violation (a/k/a civil remedy notices) under Chapter 624 of the Florida Statutes, shall be tolled until the Court either grants or denies final approval of the proposed settlement and such order or judgment becomes final, provided that the tolling shall terminate ten (10) business days after submission of an Opt-Out exclusion request, as indicated by the postmark date of such request submitted to the Class Administrator, with respect to any Settlement Class Member that submits a timely, written Opt-Out exclusion request that has not been challenged by SENTRY INSURANCE as provided in this Order or that is otherwise approved by the Court.  Upon receipt of any such notices of intent to initiate litigation under Chapter 627 of the Florida Statutes or notices of violation under Chapter 624 of the Florida Statutes, SENTRY INSURANCE shall send a response to the Settlement Class Member that advises of the proposed settlement and the tolling order, as well as how the Settlement Class Member can obtain further information regarding the settlement. 

The tolling order applies to all Settlement Class Member claims covered by the proposed settlement.  Accordingly, deadlines or response time limits applicable to SENTRY INSURANCE with respect to any covered Settlement Class Member claim shall only begin to run as provided in the tolling order above.  You may not file a new lawsuit without complying with the Court’s tolling order. 

If the proposed settlement is given final approval by the Court, all Settlement Class Members who are not recognized as excluded from the Settlement Class will be barred from making a demand, filing or prosecuting a lawsuit or other proceeding, or otherwise pursuing claims released by the settlement. 

WHO IS IN THE SETTLEMENT CLASS

How do I know if I am covered by the settlement?

You are a member of the "Settlement Class" covered by the settlement if you fall within the following class definition adopted by the Court: 

All (i) health care providers as defined by the Florida Motor Vehicle No-Fault Law; (ii) who during the Class Period, provided MRI services to persons insured by SENTRY INSURANCE under Florida Personal Injury Protection coverage; (iii) who received and hold an assignment of benefits from one or more such insured(s); (iv) who submitted bills for payment for those MRI services to SENTRY INSURANCE; and (v) which bills were approved and paid by SENTRY INSURANCE based upon the OPPS amount.

Excluded from the Settlement Class are: (1) SENTRY INSURANCE, any entities in which SENTRY INSURANCE has a controlling interest, and all of their legal representatives, heirs and successors; and (2) members of the judiciary for the Thirteenth Judicial Circuit in and for Hillsborough County, the Florida Second District Court of Appeal, and the Florida Supreme Court.

Also excluded from the Settlement Class are any Settlement Class Member's claims which are the subject of a lawsuit filed prior to and pending on the date of the Preliminary Approval Order; but this shall not otherwise exclude the health care provider from being a Settlement Class Member as to other MRI services.

The Class Period means the period beginning on January 1, 2010 and continuing through September 4, 2012. 

Members of the Settlement Class are referred to as “Class Members” or “Settlement Class Members.”  A search of SENTRY INSURANCE’s records identified you as potentially a member of the Settlement Class.  If you are a member of the Settlement Class, unless you exclude yourself from the Settlement Class, you will be deemed to be a Settlement Class Member and a participant in the settlement. 

I’m still not sure if I am included.

If you are still not sure you are included, you can request confirmation by contacting Class Administrator as provided in the “Getting More Information” section of this Notice. 

WHAT ARE MY RIGHTS AND OPTIONS? 

What happens if I do nothing at all?

By doing nothing, you are staying in the Settlement Class.  You will get a Settlement Relief payment under the terms and conditions summarized below.  But you will be giving up any rights to make a claim or file your own lawsuit regarding the MRI services that are included within the settlement. 

RELEASE OF YOUR RIGHTS

IF YOU DO NOT EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS ACCORDING TO THE STEPS IN THIS NOTICE, YOU WILL BE BOUND BY THE SETTLEMENT, INCLUDING THE DISMISSAL WITH PREJUDICE, INJUNCTIVE RELIEF, AND THE RELEASE SET FORTH AS APPENDIX A TO THIS NOTICE.  YOU SHOULD READ THE RELEASE VERY CAREFULLY BECAUSE IT WILL AFFECT YOUR RIGHTS IF YOU REMAIN IN THE SETTLEMENT CLASS.

What do I get under the settlement?

Payments (“Settlement Relief”) will be made to all Settlement Class Members who do not exclude themselves from the settlement.  Payments will be made automatically.  You do not have to submit a proof of claim or demand letter.  The Settlement Relief is intended to provide Settlement Class Members with the full difference between non-capped fee schedule amount and the OPPS capped fee schedule amount previously paid by SENTRY INSURANCE, plus statutory interest.  Settlement Relief will be paid without regard to exhaustion of benefits occurring after initial payment of the services.  This is all explained in more detail below. 

How much would my settlement payment be?

Settlement Class Members who do not exclude themselves from the settlement will be eligible to receive Settlement Relief calculated as follows: 

For eligible MRI services, SENTRY INSURANCE will pay the difference between 80% of 200% of the Participating Physicians Schedule Amount for each such MRI service and the amount of reimbursement previously allowed by SENTRY INSURANCE for that MRI service based upon its application of the OPPS amount, plus statutory interest from the date of the reimbursement previously allowed.  

Supplemental Settlement Relief will be paid automatically, without the need for submission of a proof of claim. 

Supplemental Settlement Relief will not be reduced based upon exhaustion of coverage benefits after the MRI services were originally allowed by SENTRY INSURANCE. 

Supplemental Settlement Relief shall be separate, and in addition to, any and all payments to which the Settlement Class Member may have previously recovered, and/or may be entitled to recover, pursuant to damages and interest previously awarded in the Final Judgment.  But it does not provide for duplicative recovery. 

The following MRI services are not eligible for Supplemental Settlement Relief:  (1) MRI services for which damages were awarded and paid under the May 5, 2010 Final Judgment or any amendment thereto, and are therefore subject to res judicata; (2) MRI services that were the subject of any claims resolved by separate written agreement or demand; and (3) MRI services that were paid on a basis other than application of the OPPS amount under Section 627.736(5)(a)2.f. or that were denied.  

Except as expressly modified under this Supplemental Settlement Agreement, all coverage terms or payment limitations provided for under the applicable PIP coverage and the No-Fault Law shall continue to apply.  The proposed settlement does not waive or impair SENTRY INSURANCE’s right at any time during or after the Class Period to challenge a Settlement Class Member’s claim for entitlement to Supplemental Settlement Relief or other insurance benefits on the basis of the Settlement Class Member’s violation of § 817.234, Florida Statutes. 

No costs, attorneys’ fees or other extra-contractual payments, except as expressly provided for in this Supplemental Settlement Agreement, shall be payable with respect to any Supplemental Settlement Relief, and Settlement Class Members waive any claim to such costs, attorneys’ fees, or other extra-contractual payments. 

Settlement Class Members who accept the Settlement Relief payment or who do not timely contest the Settlement Relief payment shall be deemed to have waived and released any claim or right with regard to the amount paid in Settlement Relief.  Settlement Class Members who are not recognized by the Court as excluded from the Settlement Class will be bound by this Supplemental Settlement Agreement and the releases in the Supplemental Settlement Agreement and the Final Approval Order whether or not they accept or receive the Supplemental Settlement Relief payment. 

When would I get my payment?

The Court will hold a Fairness Hearing, as described below in this Notice, to decide whether to approve the settlement.  If the settlement is approved after that, there may be appeals.  It’s always uncertain when settlement approval will be final, allowing Settlement Relief to be paid.  Please be patient.  

What if I don’t agree with the amount of my Settlement Relief payment?

If you do not agree with the amount of your Settlement Relief payment, you will be provided an opportunity to have your Settlement Relief payment reviewed and redetermined by the Class Administrator, in consultation with Class Counsel and counsel for SENTRY INSURANCE.  If either you or SENTRY INSURANCE is dissatisfied with the Class Administrator’s determination, you may petition the Court to determine the amount of the Settlement Relief payment according to the terms of the settlement.  Instructions for making such a challenge will be provided to Settlement Class Members in conjunction with a settlement payment. 

EXCLUDING YOURSELF FROM THE SETTLEMENT

What happens if I ask to be excluded?

If you ask to be excluded from the settlement, then you will not receive the Settlement Relief payment described in this Notice, and you will not be protected from exhaustion of benefits as agreed under the settlement.  However, you will be able to make a claim or file a lawsuit under whatever rights you have as if the settlement did not exist.   

How do I ask to be excluded?

To exclude yourself from the Settlement Class, which is sometimes referred to as “opting out,” you must make your request in writing.  Your Opt-Out exclusion request must contain the following:  (i) a prominent identifying reference to the Lawsuit as follows “AFO Imaging v. Sentry Insurance, Case No. 08-CA-021533;” (ii) the Settlement Class Member's full legal name and any aliases; (iii) the Settlement Class Member's Tax I.D. Number (if an entity) or last four digits of his or her Social Security Number (if a person); (iv) the Settlement Class Member's address, (v) an expression of the Settlement Class Member’s desire to opt out or be excluded from the Settlement Class; and (vi) the signature of the Settlement Class Member or an authorized representative of the Settlement Class Member, indicating the name and position of the signatory.   

A form Opt-Out exclusion request can be obtained hereA separate Opt-Out exclusion request must be submitted by each person or entity requesting exclusion from the settlement. If the Opt-Out exclusion request is submitted by someone other than the Settlement Class Member, or an officer or authorized employee of the Settlement Class Member, then the third party signor (e.g., attorney, billing agent, or other third party) must include the following attestation on the Opt-Out exclusion request: “I certify and attest to the Court that the Settlement Class Member on whose behalf this Opt-Out exclusion request is submitted, has been provided a copy of and opportunity to read the Supplemental Class Notice and thereafter specifically requested to be excluded from this Settlement Class.”  

Your written Opt-Out exclusion request must be sent by First-Class Mail, postage prepaid, and postmarked no later than November 5, 2012 and must be addressed to the Class Administrator at: Sentry Class Administrator, c/o Rust Consulting, PO Box 2849, Faribault, MN 55021-8649.

Within ten (10) business days of the postmark date on the Opt-Out exclusion request, SENTRY INSURANCE may object that a timely submitted Opt-Out exclusion request fails to conform with the requirements approved by the Court, and therefore is invalid.  SENTRY INSURANCE’s objection shall specify the basis of the asserted non-compliance and shall be made in writing to Class Counsel and the Settlement Class Member that has submitted the Opt-Out exclusion request.  An Opt-Out exclusion request that has been objected to by SENTRY INSURANCE shall not be deemed valid or effective until it is cured, resolved among the interested parties, or adjudicated by the Court at the Fairness Hearing or another duly set hearing.  Untimely Opt-Out exclusion requests shall be invalid unless and until expressly accepted as valid by SENTRY INSURANCE or the Court.

If you do not comply with these procedures within the deadline for requesting exclusion set forth above, you will lose any opportunity to exclude yourself from the Settlement Class and your rights will be determined by the Supplemental Settlement Agreement and the Court's orders.  It is your responsibility to properly identify all Tax Identification Numbers and aliases that you want recognized as excluded from the Settlement Class. 

OBJECTING TO THE SETTLEMENT 

What happens if I object to the settlement?

You may object to any aspect of the settlement if you stay in the Settlement Class.  However, you will be bound by the settlement and the Court’s orders even if the Court overrules your objection.  You will also still receive a Settlement Relief payment if the Court approves the settlement.  

How do I object to the settlement?

To object, you must submit a writing containing the following: (i) a prominent identifying reference to the Lawsuit as follows "AFO Imaging v. Sentry Insurance, Case No. 08-CA-021533;” (ii) the name and address of the objector; (iii) the objector’s Tax ID Number (if an entity) or last four digits of his or her Social Security Number (if a person); (iv) a statement of each objection being made; (v) a statement indicating whether the objector intends to appear at the Fairness Hearing; (vi) a list of witnesses whom the objector may call by live testimony and copies of any documents or papers that the objector plans to submit; and (vii) if available, the SENTRY INSURANCE policy and/or claim number(s) effected by the settlement. 

Written objections must be filed with the Court and served upon Class Counsel and SENTRY INSURANCE’s counsel at the three addresses set forth below postmarked no later than November 5, 2012.  In no event may any objection be filed or served less than five (5) business days prior to the Fairness Hearing, as described in this Notice.

Address For Filing With Court
Clerk of the Circuit Court
George E. Edgecombe Courthouse
800 E. Twiggs Street
Tampa, FL 33602

 

Class Counsel
J. Daniel Clark, Esq.
Clark & Martino, P.A.
3407 W. Kennedy Boulevard Tampa, FL 33609
dclark@clarkmartino.com 

Counsel for SENTRY
Edward K. Cottrell, Esquire
Fowler White Boggs P.A.
50 N. Laura Street, Suite 2800
Jacksonville, FL  32202
ecottrell@fowlerwhite.com

If you do not comply with these procedures, including the deadline for submitting written objections, you will lose any opportunity to have your objection considered by the Court at the Fairness Hearing or to otherwise contest the approval of the proposed settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed settlement.

What is the difference between objecting and excluding?

Objecting is simply telling the Court that you do not like something about the settlement.  You can object only if you stay in the Settlement Class, and you will be bound as a Class Member if the Court approves the settlement despite any objections.  Excluding yourself from the Settlement Class means that the settlement no longer applies to you, so you cannot receive Settlement Relief or object to the settlement. 

THE COURT’S FAIRNESS HEARING

The Court will hold a hearing (the “Fairness Hearing”) to decide whether to finally approve the settlement.  You may attend, but you do not have to attend.  

When and where will the Court decide whether to approve the settlement?

The Court will hold the Fairness Hearing at 9: 30 a.m. on December 17, 2012, at the George E. Edgecomb Courthouse, Room 522, Tampa, FL 33602.  At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate.  If there are objections, the Court will consider them.  Persons who have followed the procedures described in this Notice may appear and be heard by the Court.  The Court may also decide how much to award Class Counsel.  After the hearing, the Court will decide whether to approve the settlement.  It is not known how long these decisions will take. 

Do I have to come to the hearing?

No.  Class Counsel will answer questions the Court may have.  But, you are welcome to come at your own expense.  If you sent a timely and proper objection, the Court will consider it whether or not you attend the hearing.  You may also pay your own lawyer to attend, but it is not necessary. 

May I speak at the hearing?

You may ask the Court for permission to speak at the Fairness Hearing if you have timely and properly submitted an objection to the settlement.  To request permission to speak, you must notify the Court and parties in writing.  The writing must contain:  (i) a prominent identifying reference to the Lawsuit as follows "AFO Imaging v. Sentry Insurance, Case No. 08-CA-021533;” and "Notice of Intent to Appear;" (ii) the Settlement Class Member's full legal name and any aliases; (iii) the Settlement Class Member’s Tax ID Number (if an entity) or last four digits of his or her Social Security Number (if a person), address, and telephone number; (iv) the signature of the Settlement Class Member or an authorized representative of the Settlement Class Member, indicating the name and position of the signatory; and (v)  if counsel will appear on the Settlement Class Member's behalf, the counsel's full name, address, telephone number, email address, and bar number.  

Your Notice of Intent to Appear must be filed with the Court and mailed to Class Counsel and SENTRY INSURANCE’s counsel at the three addresses set forth above in this Notice for objecting to the settlement and postmarked no later than November 5, 2012.  In no event may any Notice of Intent to Appear be filed or served less than five (5) business days prior to the Fairness Hearing. 

If you do not comply with these procedures, including the deadline for submitting a Notice of Intent to Appear, you will not be permitted to appear at the Fairness Hearing, except for good cause shown.  You cannot speak at the Fairness Hearing if you excluded yourself from the Settlement Class.   

THE LAWYERS REPRESENTING YOU - CLASS COUNSEL

Do I have a lawyer in this lawsuit?

The Court has appointed the following law firms to represent you and the other Settlement Class Members as “Class Counsel”:  Clark & Martino, P.A., The Law Offices of Christopher P. Calkin, P.A., and de la Parte & Gilbert, P.A..  These firms are experienced in handling similar suits.  Additional and contact information for these law firms is at the website www.clarkmartino.com

Should I get my own lawyer?

If you do not exclude yourself from the Settlement Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf.  But, if you want your own lawyer, you will have to pay that lawyer.  For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.  You may also want to consult your own lawyer about whether or not you should stay in the Settlement Class. 

How will the lawyers be paid?

Class Counsel has already been paid for obtaining and affirming the Final Judgment under a statute that shifted the responsibility for attorneys’ fees to SENTRY INSURANCE.  Class Counsel has agreed to accept a blended hourly rate of $400 per hour for attorneys and $125 per hour for paralegals to be paid by SENTRY INSURANCE for representing the interests of the Settlement Class in connection with the settlement. 

TAX CONSEQUENCES

The Settlement Relief described above could have tax consequences for you.  Those tax consequences may vary, depending upon your individual circumstances.  You should consult your own tax advisor regarding any tax consequences of the settlement, including any payments or benefits provided under the settlement, and any tax reporting obligations you may have with respect thereto.  The parties make no representations, and assume no responsibility, with respect to any tax consequences that may occur.   

GETTING MORE INFORMATION

This Notice summarizes the proposed settlement.  More details are in the Supplemental Settlement Agreement, which is on file and may be reviewed at the Court. You can write to the Class Administrator at Sentry Class Administrator, c/o Rust Consulting, PO Box 2849, Faribault, MN 55021-8649.  You may also visit the settlement website at www.afoimagingsettlement.com, where you will find answers to common questions regarding the settlement and other information to help you determine whether you are a Settlement Class Member and whether you are entitled to Settlement Relief. 

PLEASE DO NOT WRITE OR TELEPHONE THE COURT OR SENTRY INSURANCE FOR INFORMATION ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.  ALL INQUIRIES SHOULD BE DIRECTED TO THE CLASS ADMINISTRATOR AS INDICATED ABOVE.

                                                                                                HONORABLE CHRISTOPHER C. SABELLA

                                                                                                CIRCUIT COURT JUDGE

 


 

APPENDIX A

RELEASE

            Except where otherwise indicated, all capitalized terms in this Release shall have the meaning set forth in the Notice to which this Release is attached and incorporated as Appendix “A.” 

            Upon the Effective Date, Plaintiff and all other Settlement Class Members who have not been recognized by the Court as excluded from the Settlement Class, hereby expressly acknowledge and agree, on their own behalf and on behalf of each of their respective heirs, trustees, executors, administrators, principals, beneficiaries, representatives, agents, and present and former officers, directors, employees, insureds, attorneys, contractors, predecessors, successors, parent companies, subsidiaries, divisions, affiliates, and assigns, and/or anyone claiming through them or acting or purporting to act for them or on their behalf, that they release and discharge the Released Parties of and from all Released Claims and shall not now or hereafter initiate, maintain, or assert against any of the Released Parties, either directly or indirectly, derivatively, on their own behalf, on behalf of the Settlement Class, or on behalf of any other person or entity any right, liability, claim, or cause of action arising out of or relating to the Released Claims.

             “Released Parties” means SENTRY INSURANCE, any person or entity covered or insured by SENTRY INSURANCE for medical services that are the subject of this settlement, and any third party that provided medical bill review or audit services to SENTRY INSURANCE.

             “Released Claims” means any and all claims, actions, demands, lawsuits, rights, liabilities, declarations, damages, losses, attorneys’ fees, interest, expenses, costs and causes of action, whether accrued or unaccrued, known or unknown, fixed or contingent, including without limitation contractual or extra-contractual claims or damages (inclusive of bad faith), claims or damages at law or in equity, or penalties and punitive claims or damages of any kind or description which now exist or heretofore existed, by or on behalf of any Settlement Class Member against the Released Parties, including without limitation those which have been or could have been asserted in the Lawsuit, arising out of or relating to SENTRY INSURANCE’s calculation of the amount payable under Section 627.736(5)(a)2.f., Florida Statutes (2007-2011) for MRI services billed under Florida PIP coverage and reimbursed by SENTRY INSURANCE utilizing the OPPS amount during the Class Period.  Released Claims, as applied to SENTRY INSURANCE's insureds, shall extend to any claim or liability to pay any of the amounts reduced by SENTRY INSURANCE and released above; except that claims arising from the insureds’ co-payment obligations or expenses incurred by the insureds outside the coverage scope or after exhaustion of the insureds’ cumulative no-fault benefits are not released. 

             It is specifically understood that the failure of any party to comply with the terms of this Supplemental Settlement Agreement shall not be part of the Released Claims. 

Disclaimer

Please do not contact either the Defendant or the Court about this Settlement. Any and all callers will be directed to this website. If you have questions, please refer to the FAQ’s and the other information posted here.

This site is not operated by the Plaintiffs or the Defendants. This class action settlement is supervised by the Court and is administered by a claims administration firm that handles all aspects of claims processing.

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