Law Office of Don E. McClure - June 2018

A NOSE FOR TROUBLE

‘DELAY, DENY, DEFEND’ PUTS PROFITS OVER PEOPLE

If you’ve ever had to file an insurance claim, you know the frustration of navigating the maze of endless forms and confusing fine print. Rutgers law professor Jay Feinman explains how insurance companies deny claims and record astronomical profits in his book, “Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It.” Here’s how it works: Deny, Deny, Deny Claims Insurance companies will outright deny that an accident occurred or that the policyholder was seriously injured. Some companies offer gifts and bonuses to employees who deny claims. The hope is that denial after denial will defeat and deflate claimants to the point where they feel they have no choice but to throw in the towel. Delay Paying as Long as Possible ... Even Until Death Even if the insurance company has agreed to pay the claim, your payment will be delayed to boost profits. Insurance companies have been known to send out incorrect forms or set very short claim time limits. Some insurance companies have even delayed payments in hopes that an elderly or injured customer dies before they have to pay. Defend in Court Insurance companies know they can defend their questionable tactics in court, and they know that many of their customers are unwilling to hire a lawyer. So they use that fear to convince claimants that a court battle would only end in an insurance company victory. Get PaidWhat You Deserve Here are some things you can do before, during, and after making a claim to an insurance company: • Read your policy carefully. You should know exactly what is covered and what you need for an appeal in case your claim is denied. • Triple-check forms. An incorrectly completed form can be used by an insurance company to deny or delay claims. • Do not cash the check right away. Cashing these checks can be legally interpreted as accepting their lowball offers. • Get everything in writing. If you need to fight your insurance company, you must be able to produce every bill, form, and piece of correspondence. • Reach out for help. An experienced plaintiff’s lawyer can guide you through your claims process and provide the firepower necessary to challenge the insurance company in court if necessary. • Pick a reputable company. It pays to do a little homework before you sign on the dotted line.

RINGO THE TABBY SAVES HIS FAMILY

Ray and Carol Steiner found Ringo, a red tabby Manx, living in a shed when he was 10 days old. Despite already having three cats, the couple decided to open their hearts to the friendly feline — a decision that would one day save their lives. Years after adopting Ringo, Ray and Carol began to oversleep and experience high blood pressure, dizziness, and headaches. The couple attributed these troubling symptoms to their recent health problems — Ray had just undergone heart surgery, and Carol was recovering from a car accident with her leg in a cast. But Ringo realized something was amiss. One blistering day in August, the usually mellow cat caused a ruckus. He meowed loudly and banged his body against the front door. Carol let him dart outside, but the moment she closed the door, Ringo began to aggressively meow again. This was unusual behavior, and Carol realized Ringo wanted her to follow him. The red tabby brought Carol around to the side of the house, where large bushes hid the air conditioner and gas and water meters. Ringo started to dig in the jagged lava-rock landscaping, cutting his paws on the sharp stones. When Carol leaned over to get a better look, she was nearly overwhelmed by the smell of natural gas. The gas company discovered an old steel coupler had broken open, leaking dangerous levels of gas into the Steiners’ house. A single spark outdoors could have set off an explosion that would have consumed six other houses, potentially killing 22 people. Ray and Carol’s doctor told them that even if they avoided an explosion, they would have died from methane poisoning if they’d been exposed much longer. The gas meter did not register the leak, but Ringo did. Once they aired out their home, the Steiners’ health improved immensely. Because of his dedication to his family, Ringo became the 11th cat in history to be awarded the American Humane Association’s national William O. Stillman Award for bravery.

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