Legal Question in Insurance Law in Alabama

Non Payment of Claim after I called and was told It would be.

In Regards to Health Insurence, Ive been told it comes under ERISA My Dr. informed me he would like to preform an MRI or like procedure. I called my Health provider and asked if they would pay for the MRI as I had $5000.00 deductable but also had Co-Pay with no limit on tests as long as they were preformed on the same day as a Dr. Apointment. They Told me that The Co-Pay would pay the total cost. I called 2 times, to verify. After the procedure they only paid $500.00. I called them and after an initial responce that they should have paid all, I was told that the policy was changed to $500.00 Max I did not get any notice nore did they attach my policy, they just sent a flyer. I've been to 3 Lawyers and was told in so many words that I have a valid claim but there was not enough money in it for them. The question is Could I sue the Insurence company in small claims court? The amount is $3800.00. Would I stand a chance of collecting? Its been almost 1 year.


Asked on 10/20/97, 7:17 pm

1 Answer from Attorneys

Benjamin Glass Law Offices Benjamin W. Glass & Associates

Non-payment of claim

"Small Claims court" varies by jurisdiction. somemake it easier than others to prosecute claims.Its sounds like you have a decent argument-you riskyour time and a filing fee. I suspect that mostjudges would be sympathetic to your position.The insurance company will have to hire a lawyer todefend the claim. I would suggest you get informatoinfrom your court. They probably have a brochure on filing"small claims." Then go for it

Ben Glass

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Answered on 10/21/97, 7:00 am


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