Re: Re: Re: Re: why does AIG let its adjusters make them look bad

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Posted by Keith (208.14.202.198) on June 08, 2003 at 11:20:18:

In Reply to: Re: Re: Re: why does AIG let its adjusters make them look bad posted by KEN YOUNG on June 08, 2003 at 00:52:39:

Kenny, you have no idea what you are talking about.

Workers compensation insurance is purchased by the employer, to protect the employer from employee lawsuits due to work-related injuries.

The only thing the man can sue the insurance company for is bad faith. tell me, oh lerned one, what other actionable tort would he have against the insurance company.

Furthermore, you don't know this because you never checked, but bad faith cases pursued by third party claimants are exceedingly hard to recover. Many attorneys will not even take them because of the work involved and low chance of recovery.

Shut up kenny. You don't even know your subject and are giving LOUSY advice.

I told him he should check with an attorney but not get his hopes up. You tell everyone to sue everyone until they are blue in the face, telling them they will get millions just like you will (lol)...


: : 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.

: WHY ARE YOU ATTEMPTING TO SCARE THE POSTER OFF OF SUING? YOU HAVE READ WHAT THE POSTER STATED AS TO THE HORRORS HE IS EXPERIENCING. AS AN ADJUSTER YOURSELF, DO YOU CONDONE THESE TYPES OF ACTIONS?

: GOOD GRIEF, LOOK AT THE MARTINDALE LAWYERS DIRECTORY. IF YOU DO, YOU WILL FIND MANY DOZENS OF ATTORNEYS IN EVERY STATE WHO SPECIALIZE IN WORKMAN COMP. CASES AND LITIGATION ON BEHALF OF A VICTIM PLAINTIFF.

: : 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.

: GEE KEITH, DON'T YOU THINK IT WOULD BE WISER IF THE VICTIM WENT ALONG WITH WHAT THE ATTORNEY ADVISED HIM TO DO RATHER THAN YOU OR ME?

: GEE KEITH, AM I MISTAKEN? I THOUGHT UNDER THE TERMS OF CONTRACT LAW THE PERSON MAKING THE OFFER IS THE INSURANCE COMPANY NAMED AS THE FIRST PARTY, THE EMPLOYER IS THE SECOND PARTY, AND THE RECEIPIENT OF THE BENEFIT IS THE THIRD PARTY AS YOU POINTED OUT, BUT ONLY THE RECIPIENT CAN SUE, NOT THE EMPLOYER BECAUSE THE THIRD PARTY TO THE CONTRACT WAS THE RECIPIENT OF THE BENEFIT.

: NOW YOU ARE INFERING AS THE RECIPIENT OF THE BENEFIT HE CAN ONLY SUE FOR BAD FAITH? ARE YOU SURE ABOUT THAT?

: SO WHAT YOU ARE SAYING IS THAT THE RECIPENT CAN NOT SUE FOR DAMAGES ONLY BAD FAITH. VERY INTERESTING. ????????????????

: ...............................

: YOU SAY "MAY NOT" SO YOU ARE IN DOUBT AREN'T YOU KEITH. THE ANSWER IS, THE PERSON IS THE RECIPIENT OF THE BENEFIT AND NOT THE EMPLOYER SO THE RECIPIENT HAS A LEGAL RIGHT TO SUE FOR THE BENEFIT WHICH IS MONETARY DAMAGES, NOT HIS EMPLOYER ON BEHALF OF THE PERSON RECEIVING THE BENEFIT?

: : 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!

: ..............................

: I THINK THAT YOU ARE ALSO GOING TO FIND THAT DEPENDING UPON THE CIRCUMSTANCES, IF THE RECIPIENT HAS A LEGITIMATE CLAIM AND THE COMPANY REFUSES TO PAY, THE RECIPIENT MAY ALSO HAVE A JUSTIFIABLE LAWSUIT AGAINST HIS EMPLOYER BECAUSE HIS EMPLOYER HAD A LEGAL FIDUCIARY OBLIGATION TO COVER THE RECIPIENT WITH WORKMANS COMPENSTAION THAT WOULD PAY IF THE CLAIM WAS JUSTIFIED UNDER STATE LAW.

: KEN YOUNG
: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

: : 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.

: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

: : : : 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.
: : : :

: : : xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

: : : 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
: : : xxxxxxxxxxxxxxxxxxxxxxxxxxx





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