In my previous post, I discussed the Ridley decision of the Montana Supreme Court. This is the case that requires insurance companies to pay for an injured party's medical expenses where liability is "reasonably clear" and the medical expenses are "causally related" to the accident. As anyone who … [Read more...] about Dubray-Montana Law on Advance-Payments
Ridley-Montana Law on Advance-Payments
Back when I was first out of law school, I took a job with a firm that does some insurance defense. One of my first interactions with an insurance company was a conversation I had with an adjuster who was wondering whether she actually had to pay for an injured person's medical expenses -- before … [Read more...] about Ridley-Montana Law on Advance-Payments
Subrogation and the Made Whole Doctrine
In this post, I discussed what subrogation is. I also explained, in my practice, that because of this right (and usually, language in the contract) health insurance companies today now claim a lien on settlements to the extent of the health insurance company’s payments. At first blush, it makes … [Read more...] about Subrogation and the Made Whole Doctrine
What Is Underinsured Motorist (UIM) Coverage?
Let me give you a common scenario. Let’s say you were in a car accident and got hurt real bad. You broke your hand and you need surgery. The accident wasn’t your fault, you were minding your own business, driving down the highway when somebody turned left right in front of you. There was no way you … [Read more...] about What Is Underinsured Motorist (UIM) Coverage?
What is stacking?
To illustrate what stacking is, let’s use the same hypothetical from my previous post. At least something’s going right after you get your leg run over by a car; your friend carries med-pay on her vehicle. But, she only carries $2,500 and you are going to owe the doctor $5,000. Although it'll be … [Read more...] about What is stacking?
What is Med-Pay insurance?
I think, to illustrate what med-pay is, a hypothetical is in order. Let’s say that you and a friend are up in the woods one lovely fall day. You drive up in your friend’s car and didn’t realize that the road already has ice and snow on it. Bound and determined to make it to the trail-head, you … [Read more...] about What is Med-Pay insurance?