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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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If I am being sued in small claims court in Wisconsin for a

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If I am being sued in small claims court in Wisconsin for a medical bill for a piece of DME that I don't think I should be held liable for, what steps do indeed to take? The piece of equipment was sent for repair while I had insurance coverage and several weeks later returned to me repaired but I no longer had coverages itch the same insurer. Repairs would have been covered in full. Thanks for your time.


Thank you for your question.

Although I have not seen your insurance policy, it seems to me that the policy would cover repair bills for equipment that was submitted to be repaired during the term of the policy, regardless of the fact that the bill for the repairs came after the term of the policy ended.

Did you submit the invoice to your prior insurance carrier and demand payment?


Customer: replied 4 years ago.
According to the insurance company, the day I picked up the equipment is the date the services are billed for. The insurance company is part of the same Organization that is suing me.

Are you saying that the business which was conducting the repairs also issued you the insurance policy in the first place?

Customer: replied 4 years ago.
Yes, I was a nurse with ThedaCare PPO insurance who went to ThedaCare at Home for my CPAP machine. They received my machine in December for repairs and it was available for pick up at the end of January. In the meantime I was offered a new job and my insurance terminated the week before I picked up my machine.

In other words ThedaCare waited until your insurance expired to return the machine to you. I think you have an argument that the insurance should have covered the bill and that they are acting in bad faith by waiting until the policy expired to return the machine to you.

This will be your defense. You will need to bring your insurance policy to the court on your hearing date and explain to the judge that ThedaCare is trying to breach their insurance policy. You should also file a counter-claim against ThedaCare for this breach. You do this by using the following two forms:


You will be claiming the amount of the repairs as your damages for breach of the insurance policy.

Please let me know if you have other questions regarding this matter. Please also remember to rate my answer positively so that I may be compensated for my work on your question.



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