Fireman's Fund SettlementLitigation Against Fireman’s Fund Insurance Company & Fireman’s Fund Medical Plan At the Final Approval Hearing held Friday March 30, 2007, Plaintiffs’ Motion for Final Approval of Class Action Settlement and Class Counsel’s Motion for Award of Attorneys’ Fees and Costs and Class Representative Service Payment were all granted. Summary of Lawsuit: Cohen, Milstein, Hausfeld & Toll filed a lawsuit on behalf of its client against the Fireman’s Fund Insurance Company ("Fireman’s Fund") and the Fireman’s Fund Medical Plan ("the Medical Plan") concerning Fireman’s Fund Amended Leave of Absence policy which terminated the employment of disabled individuals for the purpose of disqualifying them from continuing to obtain medical coverage under Fireman’s Fund Medical Plan and/or other ERISA plan benefits. The goal of this litigation was to obtain a determination that this policy violates ERISA (the federal law which protects employee benefits) and restore employee benefits to those disabled employees who were terminated as a result of this policy. Class Certified: On September 27, 2005, the Court entered an order certifying this case as a Class Action. The class is defined as follows: all persons who were employees of FFIC or any of its affiliates as of July 1, 2004 and were participants in the Medical Plan, and subject to the Amended Policy as of July 1, 2004, and who either (a) are still employed by FFIC or any of its affiliates as of the date of the Preliminary Approval Order or (b) were discharged on or after July 1, 2004 upon FFIC’s or an affiliate’s determination that they were unable to return to work pursuant to the Amended Policy. Excluded from the Class are officers and directors of FFIC and/or Allianz Group, and employees who had decision-making or recommending authority relating to the Amended Policy. Settlement: A settlement has been reached with Defendants (FFIC and the Medial Plan) in this case. The Settlement Agreement is described in the Notice and is available on this webpage. The Settlement Agreement has been filed with and preliminarily approved by the Court. Notice has been sent to all members of the class and enrollment forms to complete to return on Fireman’s Fund health, dental and/or vision plans. The hearing for final approval of the settlement was held March 30, 2007. At this time the Court approved the settlement. The Settlement restored class members ability to receive health, dental and vision insurance through FFIC for up to 13 years and established a fund of $225,000 for approximately 100 terminated employees to receive reimbursement for past medical expenses. Proof of claim forms were mailed to terminated employee class members in order for them to file a claim for past benefits. If you are a present or former employee of Fireman’s Fund Insurance Company, or if you have any information or questions regarding this lawsuit, please contact one of the following or view the Whom to Contact for More Information page. Marc I. Machiz, Esq.
R. Joseph Barton, Esq. jbarton@cmht.com
Abigail Scott, Paralegal ascott@cmht.com
Cohen, Milstein, Hausfeld & Toll, P.L.L.C.
1100 New York Avenue, N.W., Suite 500
Washington, D.C. 20005
Telephone: 888-240-0775 or 202-408-4600 |
