Legal Question in Insurance Law in Mississippi

Trespassing by Private Investigator

I am a Dentist that has private disability insurance for my occupation. I have Crohn's disease which is a chronic, painfull, and progressive disease of the intestines and it is now effecting my ability to perform my job as a dentist on a daily basis. My insurance carrier has hired a PI to trespass on our property in Mississippi and take pictures of my physical activity around our home on 90 acres of woods. Our home is very secluded. This went on for 5 days. My insurance company was told that I would be there by me, how to reach me by phone and that I would be working on our property while I was there. My doctors want me to exercise as much as possible and are well aware of what I physically do to stay in the best physical condition to manage this disease. My state of residency is in Ohio and our home is also secluded there. My family and I feel we no longer have any privacy, people are lurking in the bushes and we are wondering what legal rights we have to protect our privacy. The insurance company has been told they are more than welcome to observe my activities on our property when we are told but should observe the problems I have in our home and in my office. I am very uncomfortable and need to be close to a toilet.


Asked on 5/27/07, 10:15 am

1 Answer from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Re: Trespassing by Private Investigator

If the pictures are illegally obtained, they will not be admissable at an evidentiary court hearing, which is where this would end up if they refuse to continue to pay you. Also, they can watch you as long as they don't break any laws, but if the stress from their actvities should cause you mental distress and/or worsen your Crohn's disease symptoms, then you have a basis for a lawsuit against them.

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Answered on 5/27/07, 11:50 pm


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