All pending motions in Mark J. Eavenson v. Selective Insurance Company of America will be heard by Circuit Judge Nicholas Byron on Friday, Oct. 15.
Represented by The Lakin Law Firm of Wood River, Eavenson alleges Selective Insurance only paid part of the claim he filed and accuses the insurance company of using computer software to uniformly reduce benefits that are paid to doctors. The class action suit was filed in October 2003.
Eavenson, a Granite City chiropractor, has filed 21 class action suits to date in Madison County. In this suit he claims that prior to treating a Selective-insured patient for personal injuries that were sustained in a workplace accident in 2001, he had obtained a valid assignment of claim, which was recognized by Selective through its partial payment of the expenses.
Eavenson claims he billed Selective more than $1000 for the medical treatment which he claims was reasonable for the services provided. Selective allegedly only paid Eavenson part of the claim.
Eavenson claims that a biased software used by Selective arbitrarily lowers the cap that does not reflect actual reasonable expenses of practitioners. He claims Selective uses this database knowing it is biased and designed to reduce what are in fact reasonable charges.
Selective, the 54th largest property and casualty insurance company in the United States, is represented by the Edwardsville law firm of Burroughs, Hepler and Broom.
Check next week's MCR for new details in the case.
03 L 1409