Lower than a snake's belly......

Timothy Smith
Attorney
(866) 735-1102 Ext 400
Posted by Timothy SmithDecember 17, 2008 3:02 PM

Even for insurance companies, this is pretty low. Great American Insurance Company insured a building that caught fire. Three people died in that fire. Suit was filed against the building owner and its insurance company, Great American, has asked the court to dismiss them from the lawsuit claiming the fire didn't kill the three people.

What does Great American claim the cause of their deaths to be???? Are you ready for this....

Great American has argued to the court that the fire didn't cause the deaths. They argue that the deaths were caused by smoke inhalation, not the flame of the fire. And...... since smoke is a pollutant..... and........pollution is specifically excluded under the Great American policy, the insurance company doesn't believe they have to pay. Wow.......

If you are as appalled as I was by this attempt to avoid their responsibilities under the contract of insurance, you can let them know about it. I did by sending an email to this address.

4 Comments

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Posted by
December 18, 2008 7:35 AM

Darren Wilson
Posted by Darren Wilson
December 18, 2008 11:10 AM

Wow, Tim, that is pretty low. But is it a new low? Seems like these are the types of arguments and exceptions we hear from insurance companies all the time. "It wasn't the hurricane that knocked your house down, it was the flood (not covered)."

At what point do practices like this constitute bad faith?

Tim Smith
Posted by Tim Smith
December 18, 2008 11:25 AM

In Michigan, our hands our tied. Many states have laws that prohibit "bad faith" actions by insurors. If they drag their feet in processing your claim, deny your claim without a proper investigation or make low-ball offers on clear claims, they can be liable for sanctions including attorney fees and costs. Unfortunately, Michigan does not have such a law and it allows insurance companies to act in "bad faith" without fear of any adverse consequences. There are some narrow circumstances where bad faith can be alledged as a common-law concept, but the citizens of Michigan do not have the statutory protections provided by other states.

Darren Wilson
Posted by Darren Wilson
December 18, 2008 12:14 PM

Interesting. Between Michigan's preemption of product liability suits against the makers of defective or dangerous drugs (the worst in the country) and the favorable treatment of insurance companies that do wrong, it sounds like you certainly don't want to find yourself hurt in this state.

Here in Florida, I have to say I have been happy to see our state insurance commissioner, Kevin McCarty in the news each month, appearing to fight the insurance companies at every turn. It's hard to tell who is winning these fights, but at least he's raising the public interest on controversial and important issues. I think it should be that way in every state, but it seems like too many public officials think their job is to enact the will of the private sector.

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