Horizon Actuarial Services Proposes $8.73M Settlement to Resolve Class Action Data Breach Lawsuit
Horizon Actuarial Services has proposed a $8.73 million settlement to resolve all claims related to a hacking incident and data breach in 2022 that affected 227,953 individuals. Horizon Actuarial Services was contacted by a cyber actor in November 2022 who claimed to have stolen sensitive data in a cyberattack. The investigation confirmed there had been unauthorized access to two servers between November 10 and 11, 2021. The data stolen in the attack included names, dates of birth, Social Security numbers, and health plan information. Horizon Actuarial Services negotiated with the cyber actor and made a payment to prevent the stolen data from being sold, published, or misused.
A lawsuit – Sherwood, et al. v. Horizon Actuarial Services LLC – was filed in the U.S. District Court for the Northern District of Georgia on behalf of individuals affected by the data breach that alleged Horizon Actuarial Services had failed to implement reasonable and appropriate measures to protect the sensitive data stored on its servers. Horizon Actuarial Services has not admitted to any wrongdoing but chose to settle the lawsuit to avoid further legal costs and the uncertainty of trial. Under the terms of the settlement, a $8,733,446.36 fund will be established to cover claims from individuals who have experienced unreimbursed losses as a result of the data breach.
Class members may submit claims for reimbursement for up to $5,000 to cover out-of-pocket expenses reasonably traceable to the data breach and up to 5 hours of lost time at $25 per hour. All claimants can submit a claim for a $50 payment, and individuals who were California residents at the time of the data breach will be able to claim an additional $50 ($100 in total). The payments may be lower depending on the number of claims and will be paid pro rata.
Individuals wishing to object to or exclude themselves from the settlement must do so by January 22, 2024. Individuals wishing to submit a claim must do so by February 21, 2024. A final approval hearing has been scheduled for March 25, 2024. The plaintiffs and class members were represented by Terence R Coates of Markovits Stock & Demarco LLC, Gary M Klinger of Milberg Coleman Bryson Phillips Grossman PLLC, and Kenya J Ready of Morgan & Morgan.
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