Smith v. United American
Berger Montague, together with co-counsel, prosecuted this multi-state class action against United American Insurance Company, Farm & Ranch Healthcare, Inc. and Heartland Alliance of America Association concerning the allegedly fraudulent and deceptive sale of United American health insurance policies, packaged with other products (Smith v. Collinsworth et al., Circuit Court of Saline County, Arkansas, Case No. CV2004-72-2).
This class action was brought on behalf of current and former United American policyholders in Arkansas, California, Georgia, Louisiana and Texas alleging that they were sold limited benefits health policies falsely marketed as the equivalent of major medical coverage, which were bundled with other products, including memberships in preferred provider organizations and term life insurance, that were represented as free but which carried hidden charges. The action sought to recover the losses suffered by policyholders resulting from defendants’ allegedly deceptive marketing practices, as well as injunctive relief.
On September 9, 2009, the Saline County Circuit Court granted class certification for trial. On December 2, 2010, the Supreme Court of Arkansas affirmed on appeal the Saline County Circuit Court’s order certifying a class action pursuant to the requirements under Arkansas Rule of Civil Procedure 23. Supreme Court of Arkansas, No. 10-9. On June 29, 2012, the Saline County Circuit Court entered judgment granting final approval of a settlement which provided additional insurance coverage valued at $30 million and injunctive relief prohibiting the alleged wrongful conduct.