West Virginia Record

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Mingo Co. woman sues AirMedCare Network for breach of contract

By Kyla Asbury | Jan 11, 2017

CHARLESTON – A Mingo County woman is suing AirMedCare Network in a class action lawsuit after she claims it breached its contract with her and other consumers.

Med-Trans Corporation and Matthew Ellis were also named as defendants in the suit.

AirMedCare Network sells “memberships” for air ambulance services and, upon payment of a membership fee, enrolls applicants into its program, according to a complaint originally filed in Mingo Circuit Court and later removed to federal court.

Connie R. Hundley claims on July 25, 2015, she was a passenger on a motorcycle involved in a crash near Bean Station, Tenn., and, due to her injuries, she was transported from the crash scene to the University of Tennessee Medical Center by an air ambulance operated by Med-Trans Corporation.

As a result of the transport, Hundley incurred charges in the amount of $33,893.22, according to the suit.

Hundley claims her membership with AirMedCare Network was active at the time of the crash and, despite being a member of the network and being promised no out-of-pocket expenses and being advised that she would not receive a bill for flights, she still received the bill.

The plaintiff notified Med-Trans about her membership with AirMedCare and advised Med-Trans that the cost of her air transport was covered by the network membership, according to the suit. Hundley also requested that any signed membership application, any contract and any assignment of benefits be provided to her and Med-Trans ignored that request, though it did confirm she was a member of AIrMedCare Network.

Hundley claims Med-Trans continues to assert that she owes $33,893.22 for the flight to the hospital.

The plaintiff has sustained actual damages as she paid for a service that was essentially worthless, according to the suit.

Hundley claims AirMedCare charged her a $300 premium and, because It was not licensed to sell insurance under West Virginia code, it was not authorized to collect a premium and, in doing do, it collected a debt in violation of the Consumer Credit and Protection Act.

AirMedCare and Ellis, who was AirMedCare’s agent, breached its contract with Hundley and violated West Virginia laws and codes, according to the suit. Med-Trans also breached its contract with Hundley.

Hundley is seeking compensatory and punitive damages. She is being represented by S. Douglas Adkins and Michael C. Walker of Cyrus Adkins & Walker; and Jonathan R. Marshall of Bailey & Glasser.

The defendants are represented by Carte P. Goodwin of Frost Brown Todd; and Joshua L. Fuchs and Elizabeth G. Myers of Jones Day.

U.S. District Court for the Southern District of West Virginia case number: 2:16-cv-12428

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Jones Day U.S. District Court for the Southern District of West Virginia Charleston Division

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