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Beware Insurance Tricks of the Trade: Delay, Deny, Defend

If y o u ’ve ever had to file an insurance claim , you know the frustration that seems baked into the maze o f endless forms and confusing small print. Companies that once lived up to their promise to be “a good neighbor” when disaster strikes dram atically shifted business practices in the 1990s to m eet Wall Street’s dem ands for short-term profits. The result is chronicled in the book Delay, Deny, Defend: Why Insurance Companies D on’t Pay Claims and W hat You Can Do About It by distinguished Rutgers law professor Jay Feinman. N ot surprisingly, insurance com panies are recording astronom ical profits as a result. H ere’s how it works:

Trick #1: Deny, Deny, Deny Claims

Insurance companies will outright deny that an accident occurred or that the policyholder was seriously injured. Some com panies even offer gifts and bonuses to em ployees who deny claim s and keep paym ents to a minimum. A rbitrary rules will crop up, often referencing provisions that do not exist or that contradict a previous statement. The hope is that denial after denial will defeat and deflate claimants, m aking them feel they have no choice but to throw in the towel.

Trick #2: Delay Paying as Long as Possible ... Even Until Death

You’ve jum ped through all the hoops, and the insurance company has agreed to pay the claim. So, you can rest easy, right? Think again. D elaying paym ent is another com mon tactic to boost profits. Insurance com panies are known to send out incorrect forms and then blame claim ants for the error or set short tim e lim its on w hen a claim can be filed after an accident, injury, or illness. In cases involving elderly or gravely ill claim ants, some insurance com panies have even delayed paym ents in hopes that the custom er dies before they have to pay.

Trick #3: Defend in Court

Following a denied claim or a delayed payment, insurance com panies know they can further

W hat can D avid do against these insurance-com pany G oliaths? Here are some tips on what to do before, during, and after filing a claim w ith an insurance company:

delay writing a check by defend- Jump to file #041222101

ing their questionable tactics in court. Billions o f dollars in profits and thousands of high-priced lawyers on the payroll m ean they are always ready for a trial. Insurance com panies know that many o f their customers may be afraid or unw illing to hire a lawyer. They use that fear to convince claimants that a court battle would only end in an insurance company victory.

Getting Paid What You Deserve

-Pick a reputable company:

It pays to do a little homework before signing on the dotted line. Start w ith this list o f best and worst insurers ranked on claim denials and bad-faith practices.

-Read your policy carefully:

You should know precisely w hat is covered and w hat you need for an appeal if your claim is denied.

-Double- and triple-check

forms: A n incorrectly filled-out form can be used by an insurance company to deny or delay claims. Simple errors are also often an excuse to retroactively deny coverage. Be thorough and honest on every form you fill out.

-Do not cash the check right

away: Insurance com panies will send checks w ith lowball offers or pay prem ium refunds if they rescind your coverage. Cashing these checks can be legally interpreted as accepting an offer.

-Get everything in writing:

If you need to fight your insurance company, you may need to produce every bill, form, and piece of correspondence. -Reach out for help: An ex

perienced p lain tiff’s law yer can guide you through your claims process and provide the firepower necessary to challenge the insurance com pany in court if necessary.

- BAGOLIE FRIEDMAN INJURY LAWYERS

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DAMIEN DANIS

HASBROUCK HEIGHTS, NJ - Shortly after 10:00 P.M. on March 30th, Hasbrouck Heights firefighters responded to 471 Jefferson Avenue for a reported structure fire. On arrival of Assistant Chief Mike Greco, fire was showing from a garage underneath a home. The fire extended to the first floor, but firefighters had it knocked down in under 30 minutes. Mutual aid from Wood-Ridge, Carlstadt, Little Ferry, Lodi, Moonachie, South Hackensack and Wallington assisted.

DAMIEN DANIS

HACKENSACK, NJ - Hackensack firefighters handled this job at 227 Prospect Ave. on the evening of March 25th. Heavy fire was showing on arrival of first due fire companies involving a ground floor apartment. The fire was contained to one apartment which sustained heavy damage. There were no reported injuries to civilians or firefighters. Hackensack Fire Prevention is investigating the cause.

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