Category Archives: Insurance

How To Get To Bad Faith Against An Insurance Company

The standard of bad faith was originally phrased in the negative under the 1988, Texas Supreme Court case, Aranda v. Insurance Co. of N. Am.  Under that case, the first element of bad faith required an objective determination of whether a reasonable insurer under similar circumstances would have denied plaintiff’s  claim.  The second element balanced the right of the insurance company to investigate and pay compensable claims.  This element was met by establishing that the insurance company actually knew there was no reasonable basis to deny the claim or that, based on its duty to investigate, the insurance company should have known that there was no reasonable basis for denial.  Under the test, insurers maintained the right to deny invalid or questionable claims and would not be subject to liability for an erroneous denial of a claim. The Texas Supreme Court, in the 1997 opinion, Universal Life Ins. Co. v. Giles, rephrased the standard in an….. To continue reading this legal news please click Read full information...

Posted in Insurance | Tagged , , , | Leave a comment

Let me once again recommend the Lexis Insurance Law Center

Look, Im not saying this just because Im on the advisory board, and Im not saying this just because I have this post up about legal blogging, and I am not saying this just because I am as amazed as anyone that a behemoth like LexisNexis is beginning to understand the interactive possibilities of free internet content.  I am saying it because the Lexis Insurance Law Center is turning into a very good product, a primary source for insurance news, opinion and perspective.  Theres some pretty good stuff there, and its getting better all the time.  Its going to take some convincing on my part to get folks to turn loose and "let their freak flag fly," as the comment to my ILC post says, but I am nothing if not relentless. .. To continue reading this legal news please click Read full information...

Posted in Insurance | Tagged , , , , , | Leave a comment

Cycling for Survivors

Cancer survivors, that is. FoIB Meredith L is asking for our help:"Rare cancer research is underfunded, leaving people fighting these cancers with few options — sometimes none. But I’m working to change this by riding with Cycle for Survival. I’m hoping to surpass my fundraising goal and with your help we can make a difference in the lives of rare cancer patients everywhere. 100% of the money raised through my ride directly funds rare cancer research led by Memorial Sloan Kettering within six months of the events. Every donation counts! Please consider making a tax-deductible gift online today."For those so inclined, the the link is here.Thank you!Original content copyright © InsureBlog.. To continue reading this legal news please click Read full information...

Posted in Insurance | Tagged , | Leave a comment

Long time, First time

I've been in this business for almost 4 decades, and pretty sure just sold my first Juvenile SPWL plan.And so…?Well, SPWL stands for Single Premium Whole Life, and it's a way to (inexpensively) pre-pay a life insurance plan. Now, it's not for everyone (no product is), but in the right circumstances, it can be most useful.As in this case.I recall (vaguely) from Insurance 101 that parents buying their grandkids life insurance is a great idea (again often, not always) and I've had a few clients do that. But they were (as far as I can recall), of the "pay-as-you-go" variety. In this case, Gramps paid a little less than $1,900 and his new grandbaby is insured for $25,000 for the rest of his life. And, as FoIB Jeff M points out, who knows, this may turn put to be the only plan the little guy will ever be able to buy.So, what's the advantage of a Single Pay plan? Well for starters, Junior there will never have to pay any premiums. Plus, it's….. To continue reading this legal news please click Read full information...

Posted in Insurance | Tagged , , | Leave a comment

Not So Peachy Anthem/BX News

Via email from a reader:"DOSS LAW FIRM FILES CLASS ACTION LAWSUIT ON BEHALF OF THOUSANDS OF GEORGIA HEALTHCARE CONSUMERS MISLED BY ANTHEM “DECEPTIVE MARKETING SCHEME”Well bless their hearts.Do go on:"Thousands of Georgia consumers were misled during the 2018 open enrollment period by “misrepresentations and omissions” from Anthem, Inc./Blue Cross and Blue Shield of Georgia, Inc. (Anthem) when they were told they would continue to have access to the doctors and specialists of Georgia’s largest health care provider."That's according to a class action lawsuit filed yesterday by what appears to be a fairly large Peach State law firm. At issue is what appears to have been a serious case of bait-and-switch, where, at renewal time, Anthem assured folks that certain providers would indeed remain in-network, allegedly knowing this to have been, er, incorrect.I can certainly see where folks would feel blindsided, especially if they'd….. To continue reading this legal news please click Read full information...

Posted in Insurance | Tagged , | Leave a comment