George et al. v. CNH Health & Welfare Benefit Plan et al.

Important Update: On May 18, 2018, the Court issued a Final Order approving the Settlement. Checks reflecting financial payments under the terms and conditions of the Settlement were mailed to Settlement Class Members on August 10, 2018. If you completed a valid Payee Form, a check was mailed to the person you designated to receive your settlement payment. Any settlement check you or a designated payee receive must be deposited promptly because it will become void 120 days after the distribution date. Any Settlement Class Member or their designated payee who fails to negotiate their check within the 120-day period forever waives and releases any claim for payment under the Settlement.


Please be advised that your rights may be affected and you may be eligible to receive financial payment as the result of a proposed settlement reached in a class action lawsuit involving health benefits provided pursuant to the CNH Plan (defined below) for certain out-of-network health care services you received between August 1, 2010, and September 20, 2017 (“the Class Period”).

This putative class action lawsuit was filed by Plaintiffs Brenten George and Denise Valente-McGee, on behalf of themselves and other participants or beneficiaries of the CNH Health & Welfare Plan n/k/a CNH Industrial U.S. Health and Welfare Plan and CNH Employee Group Insurance Plan (merged with, and into the CNH Health & Welfare Plan, effective January 1, 2009) (the “CNH Plan”) against the CNH Plan, Case New Holland, Inc., n/k/a Case New Holland Industrial, Inc. (“CNH”), and Blue Cross Blue Shield of Wisconsin d/b/a Anthem Blue Cross and Blue Shield (“Anthem”) (collectively, the CNH Plan, CNH and Anthem are referred to as “Defendants”).

The Litigation involves the way that Defendants calculated the amount to pay on claims for medical services that CNH Plan participants and/or beneficiaries received from Out-of-Network Providers, which means professional medical providers (such as physicians and other healthcare practitioners) who were not part of participating provider networks under the terms and conditions of the CNH Plan when the medical services were received.

Defendants have responded to the Litigation, denying the material allegations and any wrongdoing.

Plaintiffs, represented by counsel, have agreed to settle all claims against Defendants in the Litigation in exchange for a Settlement under which Defendants, among other things, agree to pay $750,000 into a Total Settlement Fund for the benefit of Settlement Class Members.

Your legal rights may be affected whether you act, or don’t act. Please read the notice you received carefully. On May 18, 2018, the Court issued a Final Order approving the Settlement. Distribution of the Settlement Fund occurred on August 10, 2018.

DO NOTHING You do not have to do anything to participate in the Settlement. It has been approved by the Court, so unless you Opted-Out of the Settlement, you automatically will be deemed entitled to receive a financial payment.
SUBMIT THE PAYEE FORM Your Payee Form must have been returned to the Settlement Administrator by first-class mail, postmarked no later than March 19, 2018.
ASK TO BE EXCLUDED (“OPT-OUT”) Any request to Opt-Out must have been returned by first-class mail, postmarked no later than March 19, 2018.
OBJECT Class Member objections were required to have been postmarked by March 19, 2018.
GO TO A HEARING The court held the final approval hearing on May 4, 2018.

These rights and options–and the deadlines to exercise them–are explained in the Notice of Proposed Settlement of Class Action.


A copy of the Payee Form is included with the Notice packet sent to potential Class Members. Potential Class Members with claims for additional compensation valued at more than $500 also received a Claim Form with their Notice packet. If you have questions about the Payee Form or Claim Form or need an additional copy of these forms, please contact the Settlement Administrator at (844) 402-8589.

Court Documents

Learn more about the Settlement by downloading the documents below.

Additional Information

The Notice is a summary and does not describe all details of the Settlement. Complete copies of the Settlement Agreement, the Amended Complaint filed in the Litigation, the Preliminary Approval Order, the Final Order approving the Settlement, and other court orders in this case, except those (if any) filed under seal, may be examined and copied during regular office hours, and subject to customary copying fees, at the Clerk of the Court’s Office, United States District Court, Eastern District of Wisconsin, 517 East Wisconsin Avenue, Courtroom 425, Milwaukee, WI 53202. Certain of these documents may also be obtained on the Court Documents page on this website. You can also contact the Settlement Administrator at (844) 402-8589.