New Hampshire Personal Injury Lawyer - Insurance Disputes

Insurance Law May Change

Ed Van Dorn — Wed, 28 Mar 2007 15:24:44 GMT

Yesterday an attorney from our office, Christina Rousseau testified before the New Hamphsire Senate Commerce, Labor and Consumer Protection Committee on behalf of a proposed law to make insurance companies subject to the New Hampshire Consumer Protection Act. Presently insurance companies are exempt from this law that imposes penaties on businesses that engage in consumer fraud or bad faith. During her testimony she told the Committee the stories of several of our clients who have been subjected to bad faith practices by insurance companies. The bill passed the Committee by unanimous vote and now will be sent to the full Senate for consideration. We are very proud of the work Cristina did before the Committee.

Many folks have usually have been seriously injured and are in financial straits when dealing with the insurance companies. It is particularly disgraceful when the companies take advantage of the claimant's vulnerable position to avoid honoring the obligations they have assumed under the insurance policies they issue. These companies never fail to collect every penny they are due as premiums for the policies. But when its time to pay claims under them, well that's a different story. If the law passes there will be penalties for insurance companies to pay including triple damages and attorneys fees if they are found to be acting in bad faith when denying or unduly delaying payment of claims.

Originally posted at InjuryBoard by Ed Van Dorn

Medical Payments in Personal Injury Cases

Ed Van Dorn — Mon, 12 Mar 2007 15:47:15 GMT

I just got a call from my partner who is on trial over in the federal district court. The lawyers for the insurance company are making all kinds of noise about medicaid paying the medical bills and they shouldn't have to, etc. He asked me to write up some closing comments he might share with the jury on this issue. And I thought I might share some of those comments with you.

If you are covered by medical insurance, medicaid or some other third party who has paid your medical bills for injuries caused by negligence, the law says that between you and the person who caused those injuries the one who should get the benefit is you, not the negligent party.

This is called the collateral source rule. It recognizes that if you have medical insurance or some other source of medical payments, then you probably earned that coverage either through your job or paying premiums out of your pocket. So if the defendant is excused from paying your medical bills because someone else did then the defendant is benefitting from what you earned or paid for, not you. Another reason the law recognizes the collatoral source rule is that many times, especially with medicare, you the injured party will have to repay to Medicare the bills they paid out of the proceeds of your recovery. This is known as a medical lien. So recognizing this the law says that the defendant must pay all reasonable medical bills related to the injury caused by negligence.

Not all states interpret the collateral source rule the same way. We practice mostly in New Hampshire and Vermont and know this is how those states treat this rule. This also points out another reason why its so important to obtain the services of an experienced law firm to handle your personal injury claim.

Originally posted at InjuryBoard by Ed Van Dorn

Insurance Claims in Car Accident Cases

Ed Van Dorn — Tue, 06 Feb 2007 15:54:58 GMT

Most drivers on the road today have motor vehicle liability insurance. In fact the majority of states require it by law. New Hampshire is one of the few exceptions, but nevertheless most New Hampshire drivers also have motor vehicle insurance. This means that if a driver causes an accident their insurance company will pay any resulting claims on the driver's behalf. But most of you know all this.

What is less known is that the insurance company has no interest in paying the injured party the true value of the claim. The business of motor vehicle liability insurance companies is to make money by collecting premiums and to keep the money they make by paying out as little on claims as they can get away with. The vast majority of accident victims who settle claims without lawyers are recieving far less than the true value of their claim. The true value of a motor vehicle accident claim is measured by what a jury is likely to award if it had to decide the case. Experienced personal injury attorneys know what that likilhood is and will usually recommend that a case not settle until the insurance company makes an offer reasonably close to the jury verdict potential. If you or a loved one has been seriously injured in a motor vehicle accident we strongly recommend that you contact an experienced personal injury law firm. The lawyers at Van Dorn and Curtiss are very experienced in handling all types personal injury claims in Vermont and New Hampshire.

Originally posted at InjuryBoard by Ed Van Dorn

State Farm Reaches 2nd Agreement to Settle Suits by Katrina Victims

Christina Cole — Thu, 25 Jan 2007 10:33:56 GMT

State Farm Mutual Auto Insurance Co. said on Wednesday that they have reached an agreement to settle insurance claim disputes with over 600 Mississippi residents who sued for Hurricane Katrina damage.

Previously, State Farm hadn't confirmed the settlement that was publicized on Tuesday by homeowners' attorneys that negotiated a separate agreement that would benefit as many as 35,000 Mississippi families that can cost them as much as $500 million, according to one estimate.

The lawyers, led by Richard Scruggs, said the company will pays as much as $89 million to settle with approximately 640 clients.

"We do have an agreement," said a State Farm Spokesman, who declined further comments on the terms.

Katrina's devastation to the Gulf Coast left room for widespread disputes because insurance policies cover wind-related damage, not flooding. Scruggs lost his own house in Pascagoula and has been representing fellow residents.
State Farm is the largest home and auto insurer in the U.S. Under the company's other agreement, it will reconsider claims in three coastal Mississippi counties hit hardest by Katrina, the company said Tuesday. Both settlements have to be approved by a federal judge.

Originally posted at InjuryBoard by Christina Cole