Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. Unfortunately, long term care policies have not lived up to their expectations, as evidenced by a class action in Missouri in 2009 where the claimants received a total of $15million to be divided among those plaintiffs, based upon allegations that the insurance company set low premiums and failed to disclose plans to raise premiums. Premiums got to the point where it was unaffordable for most individuals. Other long term care insurance issues include not providing the insured with the required paperwork, sending the wrong forms, delaying approval, and refusing to update policies to include new developments in long term health care, resulting in the exclusion of various types of care. The issues depend on the particular policy and the insurance company's particular practice, however, the basis of the lawsuits are "bad faith". Since this appears to be wide spread, you would best be served by an attorney that specializes in class actions, particularly one with extensive experience on class actions. A website that you can keep an eye on to see if any class action develops is www.topclassactions.com Your attorney general may choose to get involved. Please see this link: http://michigan.gov/mdcs/0,4614,7-147-22854_59633---,00.html As you will see, another company discontinued new policies, yet kept the premium consistent for existing policy holders for 6 years. As an aside, you should review the attached pamphlet to see if your current policy complied with the requirements the state has mandated must be included in the contract. http://www.michigan.gov/documents/FIS-PUB_0270_Long_term_care_1_04_88662_7.pdf Here is a link to the state bar's referral site: http://www.michbar.org/programs/lawyerreferral.cfm Most attorneys take bad faith insurance claims on contingency, so generally there are no up front costs to the client, particularly if they decide to pursue a class action.
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