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Allstate Ducks Crash Treatment Suit Over Unclear Complaint

Law360 (May 15, 2019, 1:05 PM EDT) -- A Pennsylvania woman’s proposed class action complaint that Allstate Insurance was underpaying for crash victims’ out-of-state medical treatments needs a drastic rewrite, a New Jersey federal judge said when dismissing the case Tuesday.

U.S. District Court Judge Stanley R. Chesler said that, among other issues, Janine Banks’ amended complaint alleging a breach of contract didn’t clearly define which fee schedules Allstate was supposed to have used when calculating what it would pay for crash victims who crossed state lines for treatment, and therefore it didn’t sufficiently show what the alleged breach of contract was.

“The failure to define ‘improper fee schedules’...

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Case Information

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Case Number

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New Jersey

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Date Filed

December 12, 2018

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