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Berger Montague to Represent New York Employers in Workers’ Compensation Insurance Actions Against Applied Underwriters and Continental Indemnity Company

DATE: March 10, 2020

PHILADELPHIA, March 10, 2020 – Berger Montague, one of the nation’s leading litigation firms, is representing New York-based employers who were overcharged for premiums paid on workers’ compensation insurance policies issued by Continental Indemnity Company, an Applied Underwriters subsidiary, under the EquityComp, SolutionOne, or JumboGC programs at any time since 2008.

Applied Underwriters marketed and sold the EquityComp, SolutionOne, and JumboGC programs to small and midsized employers and charged premiums based on policy forms, rates, and rating plans that were not filed with state insurance regulators. The New York Department of Financial Services investigated the EquityComp and SolutionOne programs and determined that these programs used unfiled forms and rates that were different from the rates that had been filed and approved as required under the New York Insurance Code. The JumboGC program uses similar unfiled rates and rating plans. As a result, Berger Montague believes premiums based on these unfiled rates that exceed the amounts due under filed guaranteed cost workers’ compensation policies issued by Continental Indemnity Company should be refunded.

“Applied Underwriters and Continental Indemnity Company have been using unfiled forms, rates, and rating plans to charge New York businesses higher premiums than permitted by law,” said Berger Montague Shareholder Glen L. Abramson. “We want to help get that money back.”

For the past three years, Berger Montague has represented New York employers in a class action against Applied Underwriters and Continental Indemnity Company in federal court in New York. In 2019, however, the court declined to certify the class, holding the employers’ individual claims were large and must be litigated separately. Accordingly, overcharged New York employers must now file their own lawsuits or administrative actions to protect their rights and recover money owed to them by Applied Underwriters.

Based on its extensive knowledge of Applied Underwriters’ programs and analysis of thousands of documents obtained in the class action, Berger Montague has a deep understanding of Applied Underwriters’ illegal practices, as well as the best approach to maximize individual employers’ recoveries.

New York employers who participated in Applied Underwriters’ EquityComp, SolutionOne, or JumboGC programs at any time since 2008 should contact Glen Abramson at gabramson@bm.net or 215-875-4683 or Michael Twersky at mitwersky@bm.net or 215-875-3052 to discuss your rights and valuable recovery options.

Berger Montague is a national class action and commercial litigation law firm with offices in Philadelphia, San Diego, Minneapolis, and Washington, D.C. The Firm litigates complex civil cases and class actions in federal and state courts throughout the United States. The Firm has pioneered the use of class actions in America and recovered over $36 billion for clients and class members since its founding 50 years ago.

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