Illinois Appellate Court
Civil Court
Class Actions
Court certified as class action Plaintiff chiropractor's breach of contract count, alleging that insurer assigned medical payments coverage benefits for its insured, but insurer made biased reduction of payments to assignee. Certification was improper, as evidence would be required, on individualized basis, to determine whether insurer breached its contract to pay usual and customary charge for service for each class member. Determination of whether contract provided for assignments or authorizations for payment is potential individualized issue preventing class certification. (STEWART, concurring; DONOVAN, specially concurring.)