Plaintiffs Can Sue as a Class for Bad Faith

Even though health insurance is costly, you made the appropriate decision to purchase it because you live a usually healthy lifestyle. Monthly payments are paid on time throughout the years, but your health insurance company refused your claim when you were gravely injured in a vehicle accident and looked-for your medical expenditures reimbursed. Other parties, such as the other car's driver, may be at fault, but you judge the insurance company failed to adequately examine your claim before denying it.

If you can prove that the health insurance provider behaved in bad faith, you may be entitled to launch a civil lawsuit against it.And for that purpose you need a bad faith insurance lawyer.

Filing a Claim for Bad Faith Health Insurance

By making a few phone calls to your health insurance company, you may be able to fix your issue and receive reimbursement for medical expenses. You might be successful in your appeal of the denial in some cases. If everything else fails, you might have to file for a bad faith claim.

While the components of a bad faithlawsuit differ by state, you being a plaintiff must generally prove the following:

  1. Benefits owing under the insurance policy were withdrawn.

  2. The justification for the withholding of benefits was arbitrary.

If a person is refused health insurance coverage, the statute of limitations for pursuing a bad faith claim must be considered. While you should explore other options before filing a poor faith claim, such as negotiating and/or appealing the denial, there are deadlines for issuing a bad faith claim.

A federal judge in California issued a judgment on Monday, September 19th, that could affect thousands of people throughout the country and their right of suing insurers as a group over mental health coverage problems. Approx. 3,000 health plans were involved in the dispute, all of whom questioned if United Behavioral Health's coverage guidelines were in violation of both state and federal law. The judge concluded that not only was the damage shared by all class members, but so was the desired remedy (adoption of new rules).

With more than 60 million people insured by its plans, United Behavioral Health is the biggest managed behavioral healthcare firm in the United States. The company was accused of breaking its fiduciary duties and denying benefits and equitable remedy in violation of federal law in this lawsuit.

The decision is crucial for patients on a nationwide level, as few people have the financial means to sue health-care providers individually every time their benefits are denied. It is just more practicable to challenge any health care insurer to deny coverage for mental health healing by permitting them to file lawsuits as a class (as well as efficient for the judicial system).

Obtaining Legal Assistance

A policyholder's life might be turned upside down if an insurance provider fails to provide coverage. In some cases, these activities are considered ill faith.

If coverage was denied in bad faith, you should seek the advice of a qualified bad faith insurance lawyer. The West Law Firm in OKC focuses its expertise on suing insurance companies for bad faith. To schedule a free consultation, call and speak with one of our expert attorneys.

** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.