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Posted in Uncategorized on January 20, 2017   |  by Gary Burger

Insurance Companies Should Do the Right Thing

We have many instances where insurance companies and corporations don't do the right thing. We file lawsuits and push cases to get justice. We had three examples of this last week.

First, we represent Stanley Parker and Kelvin Haynes in an auto crash case. The insurance company, ELCO Insurance, gave a very low offer. We were not going to take it, so we filed a lawsuit. Unfortunately, the defendant dodged service and was from another country. It literally took us 9 months to serve this person. When she did get served, a lawyer contacted me and said that she had no insurance and no money.

However, I knew she did and sent the Petition to the claims adjuster, who was not offering any money. This is the same claims adjuster who refused to accept service for his insured and did nothing to try to fairly adjust the case as they are required to do under state law. Here are your rights in dealing with insurance companies.

Well, we advised the insurer that we obtained service, so now they want to talk settlement and offer additional money in the case. Justice delayed is justice denied. We will keep pushing. Insurance companies delay to gain the advantage. Aggressive lawyers add value to cases.

Second, we represent a family in a wrongful death medical malpractice case. Mercy Hospital refused to give us records of medical care he received shortly before his death. These are critical in the case for our expert to review. We have been pushing for this for over 60 days, and we keep getting the run around.

It is sometimes difficult to get wrongful death cases because the defendants try to say that the immediate family members are not authorized representatives. But we represented the whole family of this deceased person. We sent letters, made phone calls, and sent emails and still Mercy would not give us the records.

So, we prepared a Petition under MO Rev. Statute §191.227 to sue to get the medical records. As soon as they saw that, they capitulated and sent us the 250 pages of records immediately as an attachment in a secure email. This statute is an effective way to get medical records.

Lastly, we are pursuing a class action claim for bad faith refusal to settle against an Illinois insurance company. We went and won a major motion to compel requiring them to produce all complaints about how Unique insurance treats its customers in unisured motorist cases. More to come on that front later.