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In Reply to: Re: why does AIG let its adjusters make them look bad posted by Ken Young on June 07, 2003 at 20:02:37:
Definitely complain to the state department of insurance.
Consulting an attorney would be a good idea however; be advised many states have caps on attorney fees in workers compensation cases. This varies by state, but there are many where it can be difficult to obtain decent attorney representation due to the low fee structure.
What you would be trying to prove in court is bad faith on the part of the insurance company. However, you are not a "1st party" to the insurance contract -- that is, you didn't purchase the policy. You are a "3rd party" claimant and the insurance company may not owe a duty to you under contract law.
Time limits and penalties are ususally defined by state workers compensation law. Consult an attorney about that if you do not get anywhere with the state doi--they vary in their responsiveness and degree of help as well!
Good luck with the case and I hope the company handles your claim in a fair manner in the future. It is reprehensible that you have gone 90 days without payment, particularly being totally disabled.
: : I live in Alaska.3 months ago i was injured on a job.AIG is the insurance,wilton adjusters is the case personel.since being injured i havent seen one insurance check come on time.They made it so i lost my house , and all my bills are on the brink of shutting me down.I just want to know how long they wait for their pay checks.
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: Take a peek at your insuring agreement. It should state in the contract the maximum number of months the company has to begin paying a claim once it has been properly submitted for consideration of payment.
: If the company is not meeting the terms of the contract you have two avenues to seek relief. The first one is to file a complaint with your State DOI. The DOI will forward your complaint to the company and they will have a specified number of days to respond.
: If you feel the company's response is not justified, you may want to consider bringing your complaint to the attention of an attorney who specializes in Workman's Comp. cases and/or breach of contract. Attorney's love insurance company cases knowing that generally juries are not friendly to insurance company's defense pleadings and that insurance company's are deep if the Jury finds in favor of the insuance company.
: If the Adjuster is the proximate cause of the delay, you may want to bring that to the attention of his employer repeating the same process as I have outlined to you above.
: Ken Young
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