This woman has no claim aside from any bumps and bruises she may have sustained when she negligently drove her car into the tree. She wasn’t shot nor assaulted. What’s the big deal? Also, there’s no mention of the Dramm Act and liability on the pub where this jerk got drunk.
In situations like this, there would have been coverage if Mehlman had been seeking counseling for mental health or seeing a psychiatrist. State Farm would then have a duty to defend until it was proven that Mr. Mehlman did not have a mental condition. Medical records would have proven Mr. Mehlman’s condition weather the policy would be triggered or not. There was nothing mentioned, so I assumed this matted was over looked which would have been mal- practice on the part of the plaintiff’s attorney. State Farm cannot deny a policyholder that is under doctor’s care for mental condition if the policyholder has sought treatment prior to an act. There are always exceptions to the exclusion in a policy, even if it is not mentioned and the court has to decide. So do not take is article at face value. There could be attorney mal practice on the part of the plaintiff’s attorney. Lacono should look for a Legal Mal-Practice attorney to look into her negligent appeal, if indeed, Mehlman was under doctor’s care.
Insurance claims consultant
need to go to the Insurance Journal article for a more lively commentary on this one – the IJ does a crappy job linking their two publications together – I had the same comments that Arnold did
I’m sure she’ll have PTSD for the rest of her life… or until they sign the check…
From the Comments, I guess you have never had a gun to you head and had the trigger pulled which misfired. “Don’t Try it ” I don’t want to be liable. This is not a game.
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This woman has no claim aside from any bumps and bruises she may have sustained when she negligently drove her car into the tree. She wasn’t shot nor assaulted. What’s the big deal? Also, there’s no mention of the Dramm Act and liability on the pub where this jerk got drunk.
In situations like this, there would have been coverage if Mehlman had been seeking counseling for mental health or seeing a psychiatrist. State Farm would then have a duty to defend until it was proven that Mr. Mehlman did not have a mental condition. Medical records would have proven Mr. Mehlman’s condition weather the policy would be triggered or not. There was nothing mentioned, so I assumed this matted was over looked which would have been mal- practice on the part of the plaintiff’s attorney. State Farm cannot deny a policyholder that is under doctor’s care for mental condition if the policyholder has sought treatment prior to an act. There are always exceptions to the exclusion in a policy, even if it is not mentioned and the court has to decide. So do not take is article at face value. There could be attorney mal practice on the part of the plaintiff’s attorney. Lacono should look for a Legal Mal-Practice attorney to look into her negligent appeal, if indeed, Mehlman was under doctor’s care.
Insurance claims consultant
need to go to the Insurance Journal article for a more lively commentary on this one – the IJ does a crappy job linking their two publications together – I had the same comments that Arnold did
I’m sure she’ll have PTSD for the rest of her life… or until they sign the check…
From the Comments, I guess you have never had a gun to you head and had the trigger pulled which misfired. “Don’t Try it ” I don’t want to be liable. This is not a game.