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    « When Mom & Dad Have Split, Who Covers No-Fault For the Kids? | Main | Think All Policies Are the Same? (Part 4) »

    October 16, 2015

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    Don Reese

    Good Report. Unfortunately, this has not been the first case where someone has sued a child to recover medical expenses, and it probably will not be the last. Insurance is a "phantom" asset. If the parents did not have an insurance policy, there would never have been a lawsuit. In some cases, the plaintiff does win, mostly because the jury feels that the insurance company will pay (and they have mega-bucks!)so the child will not. But, in the end, we all pay through higher legal costs which result in increased premiums. Also, since the ACA is a law, how come she did not have her own health insurance???

    Tim Dodge

    Don, Thanks for the comment. You are absolutely correct that insurance payments ultimately come out of insurance premiums paid by consumers (or out of investment returns on those premiums, such as they are.) On the other hand, the whole point of paying the premiums in the first place is protect oneself financially from unexpected incidents like this. I don't know enough about the case to say whether her suit was frivolous; all I know is what I've seen in the press, which at best gives us a fraction of the story. Her suit may well have been frivolous, but if not, then pursuing an insurance payment was a legitimate course of action. Of course, not all such pursuits are legitimate or honorable.

    Regarding the ACA, remember that the injury (according to press reports) occurred four years ago. The ACA's tax penalty for not carrying insurance took effect less than two years ago. So, she did not have a tax penalty looming over her head for not carrying insurance. I'd argue that the consequences were worse for her - more than $100,000 in uninsured medical bills. Insurance is always too expensive until we actually need it.

    Grace Bobin

    Hi Tim, this is a very good information. Would you like to contribute insurance tips on my blog?

    Tim Dodge

    Grace, thank you for the invitation! Why don't you drop me an email at tdodge@iiabny.org with details. Tim

    Arthur Lander

    Homeowner's insurance isn't always enough to protect against lawsuits. Add an umbrella policy to your existing policy to protect yourself against legal issues. www.valueinsuranceinc.com

    insurance

    good works

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