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.
Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.
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?
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.
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.
Keep up with the latest updates using your favorite RSS reader
Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.
Looking for an InjuryBoard attorney closer to home? Click here.
Enter your email address if you would like to receive email notifications when comments are made on this post.
Attorney Mike Butler blog
Automobile Consumer Safety Blog
Blawg
Drivers Safety Education blog
Martindale Hubbell blog
The Brain Damage blog
The Brain Injury blog
The Brain Injury Family Resource
The Brain Injury Forum
Find an InjuryBoard Blog in your area:
Alabama
Birmingham
Gadsden
Huntsville
Mobile
Montgomery
Alaska
Anchorage
Fairbanks
Arizona
Chandler
Phoenix
Scottsdale
Tucson
Arkansas
Bentonville
El Dorado
Jonesboro
Little Rock
Mountain Home
California
Bakersfield
Chico
Fresno
Glendale
Huntington Beach
Lancaster
Long Beach
Los Angeles
Modesto
Novato
Oakland
Orange County
Redding
Sacramento
San Diego
San Diego County
San Francisco
San Jose
San Luis Obispo
Santa Clarita
Stockton
Ventura
Colorado
Colorado Springs
Denver
Fort Collins
Grand Junction
Connecticut
Hartford
New Haven
Waterbury
District of Columbia
Metro D.C.
Washington
Florida
Central Florida
Fort Lauderdale
Ft. Myers
Gainesville, Ocala & Daytona Beach
Jacksonville
Melbourne
Miami
Orlando
Pensacola
Sarasota
Tallahassee
Tampa Bay
West Palm Beach
Georgia
Atlanta
Hawaii
Honolulu
Idaho
Boise
Illinois
Chicago
Chicago-Land
Cook County
Rockford & Moline
Springfield
Indiana
Bloomington
Indianapolis
Iowa
Council Bluffs
Davenport
Des Moines
Fort Dodge
Waterloo
Kansas
Topeka
Wichita
Kentucky
Bowling Green
Louisville
Paducah
Louisiana
Baton Rouge
Lafayette
New Orleans
Maine
Bangor & Augusta
Maryland
Baltimore
Massachusetts
Boston
Cape Cod
Stoughton / Canton
Michigan
Detroit
Grand Rapids
Lansing
Traverse City
Minnesota
Minneapolis
St. Cloud
Mississippi
Biloxi & Gulfport
Tupelo
Missouri
Jefferson City
Kansas City
St. Louis
Montana
Missoula
Nebraska
Lincoln
Omaha
Nevada
Las Vegas
Reno
New Hampshire
New Jersey
Bergen County
Cherry Hill
Jersey City
Newark
Trenton
New York
Buffalo
Long Island
New York City
Northern New York
Syracuse
North Carolina
Charlotte
Fayetteville
Greensboro
Greenville, OBX & Rocky Mount
Raleigh
Wilmington
Ohio
Akron
Cincinnati
Cleveland
Columbus
Dayton
Findlay
Sandusky
Toledo
Oklahoma
Oklahoma City
Tulsa
Oregon
Portland
Pennsylvania
Philadelphia
Rhode Island
Providence
South Carolina
Charleston
Columbia
Florence / Myrtle Beach
Greenville
Spartanburg
Tennessee
Chattanooga
Nashville
Texas
Austin
Beaumont
Brownsville
Corpus Christi
Dallas
Galveston Bay
Houston
Laredo
McAllen
North Dallas
San Antonio
Tyler
Victoria
Waco
Utah
Salt Lake City
Vermont
Virginia
Charlottesville
Fairfax, Leesburg & Loudoun
Norfolk, Portsmouth & Hampton
Northern Virginia
Richmond
Roanoke
Virginia Beach, Chesapeake & Suffolk
Everett
King County
Olympia
Seattle
Tacoma
Vancouver
West Virginia
Wisconsin
Milwaukee
Wyoming
Cheyenne