srellim234 wrote:Most, admittedly not all, of those legal fees will be forced upon the losing side in such a lawsuit. So yes, the company spends a lot defending itself but it's not necessarily out that money if the defense is successful.
Technically, you are right. However, the reality is that most people who file bad faith suits don't have the money to pay back the defense costs. Insurance companies aren't going to waste further money trying to tap a dry well.
srellim234 wrote:Bad faith lawsuits are almost in the same category any more with class actions and malpractice. And, not everyone has the time, energy or money to pursue the litigation path.
Not really. Generally, it takes some major screwing up by many people in an insurance company for a bad faith suit to be legit. They are relatively rare, but a single case can have a huge impact.
srellim234 wrote:Many of the insurance companies have clauses, be they in the fine print or up front in bold letters, that they get the final word and can't be challenged or that any claim will go to arbitration. If you refuse to agree to those terms, they won't cover or treat you at all.
Feel free to scan your insurance policy and show me where that is stated. No insurance company has the last word. The policy can't absolutely limit a person's right to trial. At best (at least with auto policies), they may require that a person agrees to an arbitration or appraisal process before bringing a suit against the company. But it can't bar a consumer from his legal right to trial.
srellim234 wrote:Corporations don't see people. Bean counters in corporations don't see people. They only see numbers and percentages. Then they weigh the risk, be it the expense of the treatment or the odds of losing a large suit as a result, against the profit to be made by such an action.
Sure. But more often than not, insurance companies do adhere to fair claims practices to limit the exposure to bad faith. And this is as a result of the bean counters.
srellim234 wrote:The occasional suit is calculated into the numbers and the risk is assessed. That's why a "not-for-profit" option should be available, including inconveniences like having to wait in line for procedures, for those who either need that type of coverage or opt for that type of coverage.
Bad faith suits can be highly unpredictable and volatile. It would be extremely difficult to place a rule of large numbers type of assessment on something that is relatively low in occurrence and can have widely varied values and outcomes.
Not sure your "not-for-profit" statement fits into this aspect of the discussion (insurance company's responsibility). It feels out of context. I assume the line below is also following that train of thought as well.
srellim234 wrote:It's not for everybody, but there are over 40 million people in this country who don't have the health insurance luxury the rest of us have.