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Seatback Failures
Front occupant seatbacks play a vital safety role in rear-end crashes, similar to the purpose of airbags and seatbelts in frontal impacts. In a rear impact, a front seat should be designed to absorb energy and contain the occupant in the front seating space. Weak, defective front seats can fail, collapse and cause front occupants […]

How to Deal With Insurance Adjustors
Although bad faith lawsuits are extremley complex, the concept of insurance bad faith is a simple one: When you sign up for an insurance policy, there is a reasonable expectation that your insurance company will conduct itself with “good faith and fair dealing.” In Arizona, your insurance company is bound to refrain from any action which would impair the benefits to which its insured had a right to expect from the insurance policy.
One thing to keep in mind is that Arizona does not recognize true “third party” bad faith so you only have these protections against your own insurance company’s unfair claims handling.
While it is not unusual for individuals to disagree with adjustors about how much their claim is worth, bad faith only really comes into play when you notice that an adjustor is dodging any questions or concerns about why a claim is worth what they say, or if they are unexpectedly denying your claims without any reasonable basis. If your adjuster is ignoring evidence that should have been included in the proper, fair evaluation of the claim, this could be bad faith claims handling practicies.
When this happens, it is never a good idea to mention the term “bad faith” in conversation with the insurance agent or adjustor or to threaten bad faith. If you do so, the insurance company will argue that you “set it up” for bad faith even if that is absolutely false. Instead, you should simply make sure that you document and confirm every conversation in writing. Do not give the insurance company any excuses for its unfair claims handling and promptly respond to all reasonable requests from your insurance company.
If the unfair claims handling continues, you should immediately seek legal counsel. Your attorney will be able to go over all your legal options with you, as well as spur the insurance companies to action in most cases.
Steps to Take Before Filing a Long-Term Care Claim
Baby boomers – those individuals born between the years 1946 and 1964 – are reaching the age in which long-term medical care may become necessary. Most long-term-care insurance fills in the gap that the insured’s primary care insurance doesn’t cover. To ensure that a long-term care insurance claim is not denied, make sure you understand what your policy covers.
Most long-term insurance claims are paid. According to the American Association for Long- Term Care Insurance, in 2012, insurance companies paid over $6.6 billion in benefits to a record 264,000 individuals. However, many seniors and their families spend months and even years trying to persuade insurers to pay the bills. To avoid denials, it’s very important to understand what your policy covers and also know what may hamper or prevent a claim from being paid.
Elimination periods: it is very important to know how your policy counts “your elimination period”, the time your insurer begins to pay a claim.
Some policies use calendar days, paying for services 60 days after you file a claim or after your health care professional certifies that you have a covered disability. However, other plans use “service days,” counting only the days you pay for a home health aide. If you use a caregiver three days a week, this type of insurer will only count these days toward the sixty-day waiting period, which means benefits won’t begin for twenty weeks.
It is essential to file a claim immediately at the first sign of a problem no matter what the elimination period of your particular policy may be, as the company will need to review healthcare records before approving a claim, a process that takes time. The sooner you submit the claim, the sooner your claim will be paid.
It is also imperative that your licensed health care provider confirm in writing that you are disabled, whether it be cognitively or physically. Advocates also recommend that your health care provider basically write a prescription for home health care seven days a week or for nursing home admittance. This report needs to be specific in the type of care needed and should also reflect the type of care required in the policy.
Before hiring a caregiver, check your policy’s requirement for what type of health care profession is covered. If you hire an aide that is not covered by your policy, you will be forced to pay for the care he or she provided. Even if you live in a state that doesn’t require a license for home health aides such as Arizona, if your policy calls for a licensed aide, then only hire only a licensed aide.
Another important step in guaranteeing your claims will be paid is to keep a log of all communications with your insurer, whether it be phone calls, faxes or emails. When you have proof that you forwarded all required paperwork, an insurer cannot use that as an excuse to deny a claim.
Should your insurer delay payment or refuse to pay a legitimate claim, consider hiring an Arizona insurance bad faith attorney to protect your rights and obtain the benefits you deserve.
Long Term Care Insurance Bad Faith
The insurance industry is facing an impending crunch as baby boomers get to the age where long term medical care in specialized facilities becomes increasingly necessary. Insurers commonly offer long term care insurance to help fill gaps in regular primary care health insurance. However, claims for long term care insurance can be denied for a wide variety of reasons.
Although bad faith is illegal, it is no secret that granting every claim is against an insurance company’s financial interests because long term care can be amongst the most costly care that an individual can receive due to the extended periods specialized care that may be medically necessary.
According to Arizona law, insurance that is sold as long term care must provide benefits for 24 consecutive months or longer, and cannot be limited by clauses that would shorten the period. Rowe v. Bankers Life & Cas. Co., 572 F.Supp.2d 1138 (D.Ariz. 2008). In the Rowe case an insurance company tried to get out of its obligations by placing clauses in the policy that limited the amount of time that the insured could receive care for to less than 24 months, even though it was sold as a long term care policy. This strategy was invalidated but insurers have other tactics that they use to try to prevent having to meet the obligations of long term care insurance contracts.
One common strategy is to stall claim payments by requiring all forms to be submitted via postal mail and not allow electronic submissions. Insurers may also send out incorrect forms or offer reduced benefits.
Of course many insurance companies operate in an ethical manner. However, it is important to keep in mind that insurers sometimes illegally deny coverage and you have rights to demand the full benefits due to you under your policy.

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