Facts

The lawsuit claims that from on or around Oct. 23, 2009, through on or around March 10, 2010, defendants improperly stored electronic versions of applications for individual health benefit coverage which included customers' personal identifying information and personal health information, such as Social Security numbers, home and office addresses, telephone numbers, credit and bank account information, on its web-based server network without using any username, password and encryption protections (the "Breach"). The lawsuit alleges that defendants did not adequately protect this information.

The Class, which consists of at least 641,769 individuals nationwide, includes everyone in the United States (1) whose Private Information was on defendants' Affected Servers from Aug. 15, 2008, through March 10, 2010, or (2) who received a Notification Letter from defendants regarding the alleged failure of defendants to secure their highly personal and private information.

Result

Judge Bauer has preliminarily approved a settlement whereby all 641,769 Class Members would receive two years of free Identity Theft Protection and Insurance (valued at $238.80 per person), an additional five years of Identity Theft Protection and Insurance for those Class Members who are actual victims of identity theft or loss, reimbursements of all identity theft losses (up to $50,000 per incident with a cap of $3,500,000 for the whole Class), reimbursement of out-of-pocket expenses stemming from the Breach (with a cap of $1,500,000 for the whole Class), five years of additional time to file claims for identity theft losses (to 5/31/16), increased security measures at WellPoint / Anthem Blue Cross and $250,000 to two non-profit organizations that work to protect consumers' privacy rights. To date, over 10% of the Class have signed up for the free Identity Theft and Insurance Coverage. Class Members must sign up for the free Identity Theft and Insurance Coverage by Sept. 28, 2011.

Other Information

The Court will hold a Final Fairness Hearing in this case on November 14, 2011.