back to P&G Home Page
Get Info Meet Us Contact us Site Map
news articles


We are actively pursuing similar cases. Contact us if you have a similar problem.

Page 3
Managed Care Contract Abuse
Back to Page 1
Credit Card Practices, Prescription Drug Overcharges
Attorney Referral Page
Insurance Bad Faith
We challenge various types of insurance company reductions and denials on an individual and class action basis. The majority of our cases deal with unfair and deceptive acts and practices committed by automobile insurers. We have also handled commercial reductions and denials as well.

Capping Labor Rates on Auto Property Damage Claims
Many property and casualty insurers throughout the country place arbitrary, extra-contractual caps on the amounts they will pay for auto body labor. We are working on this issue with two firms in Illinois in an attempt to put a stop to this practice.

Rossi v. American Ambassador Ins. Co, C.A. No. 00CH15534 (Ill. Ch.Ct. Cook Cty. 2000) — Class action challenging substandard Illinois auto insurer’s practice of capping the hourly rate it will pay for auto body labor at approximately one-half of the industry standard thereby exposing insureds to balance billing from their repair shops.

Gaston v. Founders Ins. Co., C.A. No. 00CH17451 (Ill. Ch. Ct. Cook Cty. 2000) — Class action challenging substandard Illinois auto insurer’s practice of capping the hourly rate it will pay for auto body labor at approximately one-half of the industry standard thereby exposing insureds to balance billing from their repair shops.

Failing to Pay Sales Tax on Totaled Vehicles
Several Massachusetts automobile insurers do not pay sales tax on totaled vehicles in violation of language in the Standard Massachusetts auto policy. We are seeking a declaratory judgment on the policy language to clarify this issue.

Christopher Colo, d/b/a MC Electronics v. Arbella Mutual Insurance Company, C.A. No. 98-1308 (Hampden Cty. 1998) — State court class action contesting Arbella’s corporate-wide failure to pay sales tax on totaled vehicles and Arbella’s method of obtaining salvage bids. The parties’ motions for summary judgment on the policy language are pending with the Court.

Using Computer Software Driven Cost Containment Tools to Reduce Medical Expense Claims
Almost all property and casualty insurers in the country use internal, biased computerized cost containment tools to automatically reduce medical expense claims based on insurance company created "reasonable" fee schedules and treatment protocols. In individual and class action cases, we, along with a team of plaintiffs lawyers, are challenging the use of these computer databases to systematically reduce medical expense claims. We are not lead counsel on these cases but have had significant input because of our knowledge of these cost containment devices.

 

Denial of Commercial Insurance Claims
Many insurance claims made by small businesses are denied leaving the small businessman in a precarious financial situation. We review the basis for the denial and bring insurance bad faith cases where appropriate.

Overtime Wage Violations
Numerous employers are in violation of state and federal overtime wage laws. We represent employees in individual and class action litigation seeking the payment of proper wages.

Smoot v. Ames Department Store, C.A. No. 3:98 CV 2441 (RNC) (D. Conn. 1998) — Federal court class action alleging that Ames failed to properly pay certain of its employees it deemed exempt from overtime wages. The case is certified as a class action and is set for trial in early 2001.

Unfair and Deceptive Business Acts and Practices
Although we allege UDAP violations in many of our cases in conjunction with other counts, in some consumer and small business situations, a UDAP claim is the primary claim. Situations where there may not have necessarily been an express violation of a contract but there was a coercive or unfair aspect to a transaction or business deal are ripe for UDAP claims.

Cole v. Eyeglass World, Inc., et al, C.A. No. CL 00 6803 AJ (Fl. 15th Jud. Cir. Palm Beach Cty. 2000) — On behalf of a Massachusetts consumer we filed a Florida statewide class action against an eyeglass company alleging it charged its customers for "UV" coating on high index lenses which it never put on the glasses and that the customers did not need. We have filed for class action status and are conducting discovery.

Page 3 - Managed Care Contract Abuse

 | Cases | Charity |  Contact  | Disclaimer | Get Info | Guarantee | Home | 
| Employees | Small Businesses | Meet Us |Useful LinksSilent PPOs 
Site Map |  Tamoxifen |  Testimonials |  Visiting Attorneys | 
Provided as an informational service by Phillips & Garcia, LLP.
©Copyright 2000 by Phillips & Garcia, LLP. All rights reserved.