Folweiler Chiropractic, PS v. Progressive Max Insurance Co., et al.
www.WAPIPpayments.com

Frequently Asked Questions

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1. What is this Settlement about?

This class action alleges claims relating to the payment of reasonable medical expenses under the Personal Injury Protection (PIP) coverage in Progressive automobile insurance policies. Plaintiff Folweiler Chiropractic, PS (“Folweiler”) alleges that it submitted reasonable medical bills for treating a Progressive insured that were not paid in full because Progressive automatically reduced its payments to an amount that was no more than the 90th percentile of charges for the same procedure in the provider’s area contained in the FAIR Health (“FH”) database of charges. The reduction and reduced amount was set by a computer, automatically, without any investigation into whether the provider’s bill was a reasonable charge for the provider to bill for the treatment provided. The reduction was referred to in the Explanation of Benefit (“EOB”) sent to the provider as an explanation code “41” reduction or payment.

Folweiler filed suit on its behalf and on behalf of other Washington health care providers whose bills were reduced by Progressive based on code 41 reductions. Folweiler alleged that Progressive’s practice was an unfair insurance claims handling practice that violated Washington Administrative Code regulation 284-30-330, the PIP statute’s mandate to pay “all reasonable” medical bills submitted 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.

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2. How do I know if I am a Class Member?

You are a Class Member if you fit the following description of the Court-certified Settlement Class:

All Washington health care providers 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. Excluded from the Class are: all present or former officers and/or directors of Progressive, Class Counsel and their resident relatives, the Judge in this case and any resident relatives, and Progressive’s counsel of record and their resident relatives.

If you billed Progressive from June 1, 2011 to December 31, 2013 for services provided to Progressive insureds under Progressive’s Personal Injury Protection coverage and were paid less than the amount billed based on a Code 41 or x41 reduction, you are eligible.

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3. How do I get a payment?

To get a payment, you must file a timely valid Claim Form so that it is submitted or postmarked by December 5, 2016.

You may file a claim on the website here, or you may email or mail the Claim Form to the Claims Administrator at the following address:

Folweiler v Progressive Ins. Co.
C/O GCG
P.O. Box 9349
Dublin, OH 43017-4249
Email: administrator@WAPIPpayments.com

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4. How much will my payment be?

Claimants who file timely valid claims are eligible to receive (1) 165% of the amount of eligible reductions made to your bills by Progressive, and (2) $25.

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5. How do I exclude myself from the Settlement?

If you do not want the benefits from the Settlement, or you want to pursue your claim on your own, you must exclude yourself from the Settlement Class. To exclude yourself, you must send a written request which is signed by you, dated, and includes a statement saying that you want to be excluded from the Folweiler v. Progressive Ins. Co. Settlement. Your exclusion request should be postmarked by September 26, 2016 and mailed to the Claims Administrator at:

Folweiler v Progressive Ins. Co.
C/O GCG
P.O. Box 9349
Dublin, OH 43017-4249

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6. How do I tell the Court that I don’t like the Settlement?

If you dislike the terms of the Settlement, you may object. To object, you must send your ojection in writing, with your name, address, phone number, signature, date, and statement objecting to the Settlement which includes your reason or reasons for objecting. You must mail your objection so that it is postmarked by September 26, 2016 to Class Counsel at:

Breskin Johnson & Townsend, PLLC
1000 2nd Avenue, Suite 3670
Seattle, WA 98104

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7. What happens if I do nothing at all?

If you do not exclude yourself, and do not file a Claim, your rights to sue will be released, and you will not get any Settlement benefits. This Settlement and the release only apply to the described claims and time period. If you have other claims against Progressive they are not affected by the settlement.

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8. How do I get more information?

If you have questions, or need more information, please see the Additional Information page.

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