Remember Louisana and Mississippi? In many instances policy language is ignored. The clear intent of the insurance contract tends to be ignored as well. I really believe that law schools today either fail to or would rather not teach contract law.
“Jerram argues that grouping all the claims together in a class action makes sense because all the roughly 2,000 plaintiffs had medical claims denied the biased reviews State Farm used.” AND (he should have added) 30% of $470 won’t even pay for my John Edwards haircut.
None of the arguments cited in the article serve as a basis to either end or continue the lawsuit. The only thing in play is: What does the policy say? If the policy has limiting language OR ‘fair and reasonable’ language OR if the state has ‘duty to mitigate’ language, then State Farm should be safe from this suit.
I think there used to be a day when insurance companies shied away from the publicity of not paying claims, denying claims or trying to minimize claims payouts. However, the public is getting so used to hearing about these types of things I think they are getting desensitized to it. Not that these folks don’t have a claim. I just think insurers will become more bold because challenging claims it’s not a new issue any longer. http://www.phoenix-life-insurance.com
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Remember Louisana and Mississippi? In many instances policy language is ignored. The clear intent of the insurance contract tends to be ignored as well. I really believe that law schools today either fail to or would rather not teach contract law.
“Jerram argues that grouping all the claims together in a class action makes sense because all the roughly 2,000 plaintiffs had medical claims denied the biased reviews State Farm used.” AND (he should have added) 30% of $470 won’t even pay for my John Edwards haircut.
None of the arguments cited in the article serve as a basis to either end or continue the lawsuit. The only thing in play is: What does the policy say? If the policy has limiting language OR ‘fair and reasonable’ language OR if the state has ‘duty to mitigate’ language, then State Farm should be safe from this suit.
I think there used to be a day when insurance companies shied away from the publicity of not paying claims, denying claims or trying to minimize claims payouts. However, the public is getting so used to hearing about these types of things I think they are getting desensitized to it. Not that these folks don’t have a claim. I just think insurers will become more bold because challenging claims it’s not a new issue any longer. http://www.phoenix-life-insurance.com