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In re Blue Cross and Blue Shield of Montana, Inc.

In re Blue Cross and Blue Shield of Montana, Inc., 2016 MT 121 (May 24, 2016) (Cotter, J.) (5-0, aff’d)

Issue: (1) Whether objector Laura Fortune waived her right on appeal to object to the settlement; (2) whether objector Kevin Budd has standing to object to the settlement agreement; (3) whether the district court abused its discretion in certifying this matter as a class action; (4) whether the district court abused its discretion in approving the settlement agreement; and (5) whether the district court erred by allowing individual settlements.

Short Answer: (1) Yes; (2) no; (3) no; (4) no; and (5) no.

Affirmed

Facts: Claimants assert that while they were insured by Blue Cross Blue Shield (now Caring for Montanans, Inc.) or Montana Comprehensive Health Association (MCHA), they submitted claims that the insurers denied based on policy exclusions that were subsequently disapproved by the Montana Commissioner of Insurance.…