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Perhaps you've never attempted to sue your once and former insurer for contract breach... You probably get the implied frustration and futility, but remember to

by anjel 2y ago

Perhaps you've never attempted to sue your once and former insurer for contract breach... You probably get the implied frustration and futility, but remember to include the impact of same on your yet-to-be treated illness.

dgoldstein0 2y ago
No I have not sued anyone. But my point is now that he's gone, maybe his family could sue. Not sure that'll really fix anything though. Laws and regulations with real enforcement could though.
- anjel 2y ago
  1st true anecdote: multi year stop > start > offer settlement, revoke settlement > stall some more > offer a little less than last time > revoke 2nd settlement offer can delay what they have already acknowledged to themselves is a valid claim. But the interest income on your settlement for 4 years accrues to them, and wears you down so you'll be more disgusted, tired, and malleable for the final settlement negotiation. 2nd anecdote: Atty Wraps up a slip-and-fall, and pays out settlement. Client says "I'm using this as a down payment on a house." Atty replies "Hey, if you're happy with my services, let me handle your closing for you? Client: "Why not?" missing the fact that the legal work fell outside of their practice specialization. Meanwhile, Seller takes a third mortgage out during closing and pockets 50k without reporting it. (Buyer's) atty fails to find this, and buyer gets a notice of delinquency 1 month after move-in. Seller is in another state. Atty: "aww heck, I missed this but my malpractice insurance will take care of it for you." Then stalls for more than two years to initiate the claim. Client finally realizes atty is trying to run out the clock and goes to directly insurer and is told we only pay claims if you sue your atty for malpractice and prevail. They needed a new lawyer, plus new litigation funds, plus it turns out (in NJ at least) there are precious few legal malpractice attorneys because lawyers hate that kind of work. “I never was ruined but twice; once when I gained a lawsuit, and once when I lost it.” -quote attributed to Voltaire
- anjel 2y ago
  1st true anecdote: Multi year stop > start > offer settlement, revoke settlement > stall some more > offer a little less than last time > revoke 2nd settlement offer then delay some more. what they have already acknowledged to themselves is its a valid claim and they will have to payout. But the interest income on your settlement for 4 years accrues to them, and wears you down so you'll be more disgusted, tired, and malleable for the final settlement negotiation. (they ended up paying a settlement of $1.7 million on a clear cut $3 mill permanent disability claim. (Real reason for settlement after 4 years? Insurance had to clear all litigations like this to complete merger with even bigger Insurance company.) 2nd anecdote: Atty Wraps up a slip-and-fall, and pays out settlement. Client says "I'm using this as a down payment on a house." Atty replies "Hey, if you're happy with my services, let me handle your closing for you? Client: "Why not?" missing the fact that the legal work fell outside of their practice specialization. Meanwhile, Seller takes a third mortgage out during closing and pockets 50k without reporting it. (Buyer's) atty fails to find this, and buyer gets a notice of delinquency 1 month after move-in. Seller is in another state. Atty: "aww heck, I missed this but my malpractice insurance will take care of it for you." Then stalls for more than two years to initiate the claim. Client finally realizes atty is trying to run out the clock and goes to directly insurer and is told we only pay claims if you sue your atty for malpractice and prevail. They needed a new lawyer, plus new litigation funds, plus it turns out (in NJ at least) there are precious few legal malpractice attorneys because lawyers hate that kind of work. “I never was ruined but twice; once when I prevailed in a lawsuit, and once when I lost it.” -quote attributed to Voltaire
- NikkiA 2y ago
  IIRC it's almost impossible to bring a contract breach lawsuit against someone where you are not named in the contract.
hgomersall 2y ago
I know how hard it is from that non-fiction work, The Rainmaker.
LorenPechtel 2y ago
It depends on how you got your insurance. There's a law limiting liability with employer-provided stuff to the amount in question. It wasn't that bad a law as originally intended: retirement accounts. But it also limits liability with insurance. Liability is capped at the amount of the denied claim--which means that in most cases it would cost more than the recovery. I'm not sure what the legal situation is when there's no employer involved and you have an exchange plan.

by anjel 2y ago

dgoldstein0 2y ago

No I have not sued anyone. But my point is now that he's gone, maybe his family could sue. Not sure that'll really fix anything though. Laws and regulations with real enforcement could though.

anjel 2y ago
1st true anecdote: multi year stop > start > offer settlement, revoke settlement > stall some more > offer a little less than last time > revoke 2nd settlement offer can delay what they have already acknowledged to themselves is a valid claim. But the interest income on your settlement for 4 years accrues to them, and wears you down so you'll be more disgusted, tired, and malleable for the final settlement negotiation. 2nd anecdote: Atty Wraps up a slip-and-fall, and pays out settlement. Client says "I'm using this as a down payment on a house." Atty replies "Hey, if you're happy with my services, let me handle your closing for you? Client: "Why not?" missing the fact that the legal work fell outside of their practice specialization. Meanwhile, Seller takes a third mortgage out during closing and pockets 50k without reporting it. (Buyer's) atty fails to find this, and buyer gets a notice of delinquency 1 month after move-in. Seller is in another state. Atty: "aww heck, I missed this but my malpractice insurance will take care of it for you." Then stalls for more than two years to initiate the claim. Client finally realizes atty is trying to run out the clock and goes to directly insurer and is told we only pay claims if you sue your atty for malpractice and prevail. They needed a new lawyer, plus new litigation funds, plus it turns out (in NJ at least) there are precious few legal malpractice attorneys because lawyers hate that kind of work. “I never was ruined but twice; once when I gained a lawsuit, and once when I lost it.” -quote attributed to Voltaire
anjel 2y ago
1st true anecdote: Multi year stop > start > offer settlement, revoke settlement > stall some more > offer a little less than last time > revoke 2nd settlement offer then delay some more. what they have already acknowledged to themselves is its a valid claim and they will have to payout. But the interest income on your settlement for 4 years accrues to them, and wears you down so you'll be more disgusted, tired, and malleable for the final settlement negotiation. (they ended up paying a settlement of $1.7 million on a clear cut $3 mill permanent disability claim. (Real reason for settlement after 4 years? Insurance had to clear all litigations like this to complete merger with even bigger Insurance company.) 2nd anecdote: Atty Wraps up a slip-and-fall, and pays out settlement. Client says "I'm using this as a down payment on a house." Atty replies "Hey, if you're happy with my services, let me handle your closing for you? Client: "Why not?" missing the fact that the legal work fell outside of their practice specialization. Meanwhile, Seller takes a third mortgage out during closing and pockets 50k without reporting it. (Buyer's) atty fails to find this, and buyer gets a notice of delinquency 1 month after move-in. Seller is in another state. Atty: "aww heck, I missed this but my malpractice insurance will take care of it for you." Then stalls for more than two years to initiate the claim. Client finally realizes atty is trying to run out the clock and goes to directly insurer and is told we only pay claims if you sue your atty for malpractice and prevail. They needed a new lawyer, plus new litigation funds, plus it turns out (in NJ at least) there are precious few legal malpractice attorneys because lawyers hate that kind of work. “I never was ruined but twice; once when I prevailed in a lawsuit, and once when I lost it.” -quote attributed to Voltaire
NikkiA 2y ago
IIRC it's almost impossible to bring a contract breach lawsuit against someone where you are not named in the contract.

hgomersall 2y ago

I know how hard it is from that non-fiction work, The Rainmaker.

LorenPechtel 2y ago

It depends on how you got your insurance. There's a law limiting liability with employer-provided stuff to the amount in question. It wasn't that bad a law as originally intended: retirement accounts. But it also limits liability with insurance. Liability is capped at the amount of the denied claim--which means that in most cases it would cost more than the recovery. I'm not sure what the legal situation is when there's no employer involved and you have an exchange plan.