FLORIDA: DECISION TO ALLOW PHYSICIANS' CLASS ACTION REVIEWED.

U.S. District Judge Federico A. Moreno of Miami abused his discretion in certifying a national class action of over 700,000 physicians on claims the insurers conspired to deny, wrongfully reduce or delay payments, attorneys for giant managed health care insurers argued Sept. 11 before a three-judge panel of the Eleventh Circuit Court of Appeals.

"A single jury, in a single trial, should not decide the fate of the managed care industry," they argued.

Miami lawyer James B. Tilghman Jr., who spoke on behalf of the 11 law firms representing the physicians, disagreed, saying the doctors' claims were ideally suited for class treatment.

Judges assigned to the panel are Gerald Bard Tjoflat and Stanley F. Birch Jr. of the Eleventh Circuit and Senior Judge Alfred T. Goodwin of the Ninth Circuit Court of Appeals.

Aetna and Cigna have announced they wish to settle. On Oct. 26, Moreno is to consider Aetna's settlement terms, which are estimated to be worth over $470 million. Cigna has offered similar settlement terms and its offer is to be considered by Moreno on Dec. 16.

Other defendants in the class action are: Health Net, Humana, PacifiCare Health Systems, Prudential Insurance Co. of America, United Health Group and WellPoint Health Networks.