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Morrison Orders Full
Refunds For Montana Victims Of Insurance Law Violations
Settlement announced with California-based Prudent Choice
to resolve violations of Montana Insurance Code
8/3/07, MONTANA - Montana State Auditor
John Morrison today announced details of a settlement
agreement with California-based Prudent Choice to resolve
violations of the Montana Medical Care Discount Card
Act. In March of last year, Morrison issued a cease
and desist order after charging Prudent Choice and its
CEO, President and CFO, Stephen T. Cook, a California
resident, with numerous violations of the Montana Insurance
Code.
"This settlement agreement serves
to remind medical discount card companies that protecting
Montanans is our number one priority," said Morrison.
"If discount card providers refuse to play by
our new rules, they will pay the price and won't
be allowed to operate in Montana."
The action taken against Prudent Choice
was only the second of its kind in Montana, and among
the first in the nation, relying on a recently enacted
law governing medical care discount cards. Morrison
requested the legislation in the 2005 session to ensure
that medical care discount card providers were legitimate
before they were allowed to sell their products in Montana.
Under the agreement, Prudent Choice
must offer full refunds to all of its Montana customers
and pay an administrative fine of $150,000 – with
$75,000 of that suspended dependent upon full compliance
with the final order. Prudent Choice has also agreed
to reimburse Montana residents 15% of all medical expenses,
up to $300, incurred while on the plan. In addition
Prudent Choice is banned from marketing and selling
its products in Montana for five years.
"Through our actions, we stopped
Prudent Choice from victimizing additional Montanans,"
said Morrison, "but perhaps more importantly,
we were able to get reimbursement and restitution for
the victims. People can expect to receive settlement
letters within the next few weeks – they need
to follow the instructions outlined in their letter.
Folks can certainly call my office if they have questions."
Morrison's order is based on his
findings that Stephen T. Cook and his company Prudent
Choice, which are not organized or licensed as insurance
companies, are promoting and selling unauthorized and
unapproved medical care discount card plans. Morrison
strongly urges any Montanan who has purchased medical
care discount coverage from Stephen T. Cook and his
company Prudent Choice to contact the Montana State
Auditor's Office and to meet with a licensed insurance
agent as soon as possible to secure legitimate coverage.
Unfortunately, when people go to the
doctor or hospital and attempt to use the unregistered
discount cards, they discover they are responsible for
the entire medical bill. "Not only do they have
to pay 100% of the costs, they are out whatever amount
they paid for the phony coverage," said Morrison.
Cook and his group are accused of advertising
and selling illegal medical discount plans for a one-time
fee of $99 and $39.99 per month for individual coverage
or $55.99 per month for family coverage. Although Morrison
had previously put Cook on notice to stop operating
as a supplier of medical care discount cards until they
had properly registered with the State Auditor's
Office, Cook continued offering the illegal product.
Advertisements offering Prudent Choice medical care
discount plans aired on television stations and ran
in newspapers across the state and were also broadcast
to Montana fax machines.
"This is a sad example of how a
few unscrupulous businesses target and take advantage
of the most vulnerable members of our society,"
said Morrison. "These businesses are making false
promises to Montanans who already have a hard time finding
traditional means of insurance. While these cards appear
to be a form of insurance, they are anything but real
protection."
Fake insurance schemes are easy to avoid.
"Simply call my office to check the registration
of both the insurance product and the person or company
offering it," said Morrison. "If there is
no registration with my office, that's a red flag
that the product or the marketer is illegal."
The settlement agreement can be found
at: http://www.sao.mt.gov/legal/insurance/I07_PrudentChoice.pdf.
Montanans who have questions regarding the settlement
can call the State Auditor's Office at 1-800-332-6148.
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