Morrin Law Office
Attorney for Denied Health Insurance Claims in Kentucky
Health insurance is meant to cover a wide range of treatments and health services. This often includes doctor and hospital visits, prescription drugs, emergency care, and preventive services.
However, there are cases in which services cannot be covered or have limitations. This can be due to network or policy restrictions. In some cases, a person may be denied health insurance coverage for reasons that do not seem valid, such as bad faith practice. If this has happened to you, consider seeking legal guidance from an experienced Kentucky personal injury attorney.
What happens when a person is denied coverage for their critical illness insurance?
Morrin Law will explain your rights and how to fight back against bad faith insurance practices.
Kentucky Health Insurance
In addition to standard health care, a person can also receive a policy for critical illness insurance. Just like any other health insurance plan, you would pay a monthly premium for protection for critical illness. If you are diagnosed with a major illness, insurance can help cover the costs—which are dependent on several factors like the plan, type of illness, patient’s age, and health-risk factors.
Health events that may be covered under critical illness insurance include, but are not limited to:
- Cancer
- Heart attack
- Stroke
- Organ transplant
- Coronary bypass
What are My Rights as an Insurance Policyholder?
Kentucky state laws allow for both first-party and third-party bad faith claims under the Unfair Claims Settlement Practices Act:
- First-party claim: A plaintiff can sue their own insurance company for acting in bad faith regarding their health insurance policy.
- Third-party claim: A plaintiff can sue the at-fault party’s insurance company for being treated unfairly during the claims process.
Have questions about your legal rights in Kentucky? Contact an attorney with Morrin Law today.
Why Insurance Companies Deny Health Insurance Claims
Insurance companies are in place to ensure you are protected from unexpected events such as fires, natural disasters, or severe illness. However, insurance companies are still a business, meaning they intend to make money. Due to this reason, it’s not uncommon for insurance companies to use different tactics to deny claim to avoid paying a settlement.
Common reasons for a denied insurance claim can include, but are not limited to:
- Alleged fraud or misrepresentation – A person accused of providing false or misleading information on the insurance claim or application may have their claim denied.
- Lack of coverage – The insurance company may claim that the policy does not cover the type of damage or specific incident listed in the claim.
- Pre-existing conditions – If the insurance adjuster believes the illness or injury was pre-existing, they may deny the claim.
- Missed deadlines – Civil cases involving insurance policies often have strict deadlines and missing them can result in having your claim denied.
- Insufficient documentation – If your claim did not provide sufficient evidence or documentation, your claim may be denied.
Finding a Kentucky Personal Injury Attorney
Under Kentucky’s Unfair Claims Settlement Practices Act (UCSPA), bad faith insurance occurs when an insurance company or adjuster fails to act in good faith toward its policyholders.
Actions that may be considered bad faith are as follows:
- Unreasonable claim denials – Denying a claim for reasons not specified in the policy, misinterpreting policy language to avoid payment, refusing to acknowledge straightforward evidence that supports the claim, and creating artificial barriers to claim submission.
- Unjustified delays – If the insurer repeatedly requests unnecessary documentation, fails to return calls or respond to correspondence, transfers claim between multiple representatives without explanation, or investigations that drag on without justification.
- Inadequate investigations – Insurance adjusters ignore relevant evidence, selectively reviews information that only supports denial, hires experts with known biases, or fails to interview key witnesses.
- Lowball settlement offers – Using automated software that undervalues claims, ignores severity of illness from medical evidence, refuses to consider future medical needs or long-term consequences, or makes a “take it or leave it” offer.
- Deceptive communications – Misrepresentation of policy provisions, failing to disclose valuable information of coverage, provide misleading reasons for claim denial, or using confusing language to discourage the plaintiff.
The consequences of bad faith insurance practices can be devastating to the victim and their families, who are already dealing with the incident itself.
Hardships caused by these practices include:
- Financial hardships from medical bills and lost income;
- Treatment delays from postponing necessary medical care;
- Credit damage from unpaid bills resulting from claim denials that lead to long-term credit consequences; or
- Emotional distress while fighting the insurance company to recover from the medical issues.
Have you experienced hardships due to bad faith practice? Consult an attorney with Morrin Law today to discuss your case.
Potential Legal Remedies for Bad Faith Insurance Practices
The good news is that Kentucky law provides legal remedies to help victims of bad faith practice. This includes:
- Contractual Damages – Victims of bad faith can recover the original claim amount that should have been covered under their policy. This includes benefits wrongfully withheld under disability, health, or life insurance policies.
- Consequential Damages – Kentucky courts recognize the consequential damages like expense loans, medical complications, lost income, and other expenses that incur while fighting a wrongful denial.
- Emotional Distress – Kentucky recognizes the significant psychological impact of bad practices and allows recovery for mental distress and emotional suffering caused by an insurer’s bad faith.
- Attorney’s Fees and Costs – Courts can award attorney’s fees to a successful bad faith plaintiff to ensure the policyholder can fight against a well-funded insurance company.
- Punitive Damages – In certain cases of bad faith where the insurer has acted with oppression, fraud, or malice, Kentucky law permits punitive damages to be awarded.
Filing a Complaint
In some cases, you can file a consumer complaint with Kentucky’s Department of Insurance for a denied claim. However, you must first exhaust the appeals process offered by the insurance company. If the appeal is denied, then you can proceed to request an impartial review. A complaint can be filed if you are dissatisfied with how the insurer is handling the claim.
A lawyer with Morrin Law can walk you through filing a complaint and answer any concerns you may have during a free consultation.
Why You Should Hire an Attorney for a Denied Insurance Claim
It’s no secret that the world of insurance law is complex and can be overwhelming. This is especially true if you are dealing with a claim that has been denied. However, an experienced and knowledgeable attorney can offer help. If you work with Morrin Law, our team can provide the following:
- Access to experts: Attorneys who deal with denied insurance claims often have access to a network of relevant experts such as medical professionals, financial analysts, and forensic specialists to provide valuable evidence and insight to support your claim.
- In-depth legal knowledge: Morrin Law’s legal team have a deep understanding of the laws and regulations governing the insurance industry. We know how to address and identify the legal issues that are rooted in the denied claim.
- Negotiation skills: Attorneys who deal with denied claims must be skilled in negotiating and communicating with insurance companies.
- Peace of mind: Dealing with a denied claim is understandably stressful and overwhelming. Hiring an attorney with Morrin Law can provide you with peace of mind by knowing your case is in the hands of an established bad faith insurance claim attorney.
How Morrin Law Can Help Your Claim
The lawyers at Morrin Law are prepared to help you through every step of the way. If you choose to work with our experienced team, we can help you with the following:
- Careful review of claim – Our team will review your insurance policy and its details, along with the denied claim to assess any bad faith practices.
- Collecting evidence – We can help you gather and organize all necessary documents that support your case.
- Negotiation and settlement – We will speak to the insurance agency on your behalf to negotiate for a favorable settlement.
- Representation in legal proceedings – If your case requires going to court, we can represent you and advocate for your rights.
- Continuous communication and support – We will maintain communication with you during the process to keep you informed about the case and answer any questions you may have.
Contact a Kentucky Personal Injury Lawyer with Morrin Law
Have you or a loved one been denied a medical procedure, medication, or any other medical help due to bad faith insurance practices? We understand the importance of receiving medical help, especially in cases involving severe illnesses where health insurance can be lifesaving. You deserve the medical assistance you need, and Morrin Law will fight to ensure you get the quality coverage and compensation you deserve. Contact our personal injury lawyers in Kentucky today at (859) 295-5161 and schedule a risk-free case evaluation with one of our experienced attorneys.