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Fortis Ins. Co. v. Kahn

The trial court did not abuse its discretion in finding that common issues of law and fact predominate over individual issues.

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In this civil action, Daniel Kahn sued Fortis Insurance Company “FIC”, Assurant, Inc. d/b/a Assurant Health f/k/a Fortis Health “Assurant”, Fortis Benefits Insurance Company “FBIC”, and Rogers Benefit Group, Inc. “RBG” hereinafter collectively referred to as “appellants”,1 individually and on behalf of a class of similarly situated persons, alleging that appellants engaged in an illegal and fraudulent scheme to defraud customers. Specifically, Kahn argues that appellants misrepresented their insurance policies to be group insurance policies when the policies, were in fact, individual policies, which upon renewal, were adjusted on the basis of an illegal rating scheme that considered a certificate holder’s individual claim experience and health conditions, in violation of Georgia’s small group pooling laws, OCGA § § 33-30-12 and 33-6-4. Appellants appeal from the certification of the class, arguing that the trial court abused its discretion in certifying the class under OCGA § 9-11-23. We affirm. In Georgia, an action may be certified as a class action if the following factors are satisfied:

1 The class is so numerous that joinder of all members is impracticable; 2 There are questions of law or fact common to the class; 3 The claims or defenses of the representative parties are typical of the claims or defenses of the class; and 4 The representative parties will fairly and adequately protect the interests of the class.2

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