insurance

Published on: September 23, 2024

Lack of Insurance and Recovery after Spinal Cord Personal Injuries

Uninsured or under-insured patients, who have suffered spinal cord injuries due to auto accident or other traumatic events, may be much more likely to be taken off life support.

A recent study measured the impact of insurance coverage on the survival and recovery of persons after a spinal cord injury. The study focused on more than 8,400 American adults who had suffered a spinal cord injury, and found that uninsured or under-insured patients were much more likely to be taken off life support much earlier than those with insurance.

Spinal cord injuries are often caused in auto accidents, trucking accidents and motorcycle accidents. These are not just devastating personal injuries with long-term consequences, but are also extremely expensive personal injuries to treat. The costs involved in treating spinal cord injuries can range between $95,000 to well above $1,000,000, depending on the complexity or level of the injury. Spinal cord injuries very often can result in paralysis, which in turn, can lead to a number of other effects on a person’s health.

Published on: June 1, 2023

These Three Dog Breeds are Banned by Insurers for Their Bite Risks

by Robert N. Katz, Esq.

Summer is when there is typically an uptick in the number of dog bites and attacks reported across Georgia and the rest of the country. Did you know that there are three dog breeds that most home insurance companies simply refuse to include in their dog bite liability coverage?

Many insurance companies have breed lists that include breeds of dogs that the company will not cover if the customer has the specified breed of dog in their home. Most insurance companies, for instance, refuse to include Doberman Pinschers, Rottweilers and pit bulls in their liability coverage. That means that if you are a homeowner who owns one of these breeds, you are likely to find yourself in serious financial trouble if your dog attacks another person and that person brings a dog bite claim for damages against you.

While some insurance companies have such breed lists, others may consider whether they will provide coverage for these dogs on a case -by – case basis. For instance, many insurance companies refuse to extend coverage when a homeowner has a dog that has been tagged as a “vicious dog” on the premises. A “vicious dog” is one that has been involved in an attack or a bite involving injuries or damage.

Published on: August 24, 2010

Dog Bite Claims on the Rise; Insurers Pinched

by Robert N. Katz, Esq.

Insurers Concerned over Increase in Dog Bite Claims

Insurance companies are beginning to feel the bite as a nationwide increase in dog bite claims chews away at bottom lines.

In 2009, there was an increase of 6.4% in the amount that insurers had to pay out to settle dog bite claims.Companies paid out $412 million to cover dog bite claims in 2009, compared to the previous year, when the payout was $387.2 million.The average dog bite claim in 2009 exceeded $24,000 for the third year in a row.The number of claims increased to 16,586 – an increase of 4.8%.

Published on: July 24, 2010

Workers Compensation Insurance Companies likely to fight Claims for Wii devices

by Robert N. Katz, Esq.

The next big fight with workers compensation insurance companies is likely to be whether injured workers have the right to incorporate Wii Fit and Wii Resort into their physical therapy routines at home. Attorneys for injured workers need to be prepared for this next battle because the lawyers for the workers compensation insurers and employers are going to fight this issue at every step. OnSite Rehab Physical Therapy in Atlanta, Georgia has starting using Wii when providing injured workers rehabilitation. The Wii workouts are incorporated into the workers physical therapy routines. Therapists allow injured workers to use the Wii after the therapists finish their hands on treatment and the workers demonstrate appropriate knowledge of their home exercises. It is unlikely that workers compensation insurance carriers are going to purchase Wii devices for the homes of injured workers without a fight despite the recommendations of the physical therapists. That choice is probably penny wise, but dollar foolish.Injured workers who have used the Wii have shown significant improvement in their recovery. Therefore, the workers are likely to get back to work much quicker if they incorporate the Wii into their rehabilitation thereby providing workers compensation carriers substantial savings.

Jan W. Braunstein, the Owner of OnSite Rehab Physical Therapy, decided to incorporate large screen televisions into the company’s gym when they opened a new location. She understood that therapists in other parts of the country who incorporated Wii into the workout routine saw some positive results. She sees the Wii as an excellent way to motivate injured workers to perform their regular exercises. Ms. Braunstein points out that if more employees worked out regularly with Wii, they would likely strengthen their muscles resulting in a decrease in on-the-job injuries.

If you are an injured worker and believe that using Wii in your exercise routine would be helpful, you will likely need to prepare for a fight to get the device in your home. Workers compensation insurers and employers will be very weary of authorizing payment for the devices. To fight this battle as well as all the other battles that generally arise when you are trying to get the care you need to return to work, you should consider hiring a qualified workers compensation attorney. If you would like to have a free consultation regarding your workers compensation claim, click here to contact the law office of Robert N. Katz.

Published on: January 15, 2010

Icy Weather Leaves Insurers with $25 Million Bill

by Robert N. Katz, Esq.

A week of frosty weather in Georgia left a trail of auto accidents, killing several people and injuring more.Now that the worst is over, it’s time to estimate the damage.Insurers are estimating a price tag of $25 million in snow and ice-related insurance claims in Georgia.

Two of the dead were killed in an accident blamed on icy weather in Lumpkin County last week. The two victims were in a Chevy when the driver lost control and crashed the car into a Ford truck. The 18-year-old passenger in the vehicle was declared dead at the scene, while the driver had to be airlifted to Atlanta Medical Center where he later died.

The accident was just one in a series of snow and ice-related auto crashes last week.Georgia troopers were left overworked and overstressed by the sheer volume of accidents. Emergency services officers were stretched to the limit, and often found their route to an emergency blocked by yet another accident. In Atlanta alone, there were 229 accidents between last Thursday night and Friday morning alone, with dozens more accidents occurring as the snow began to melt, leaving a layer of black ice on the road surface.

Published on: September 19, 2008

Insurance Giant AIG Now Owned by US Government

by Robert N. Katz, Esq.

This week in a stunning shake up of the financial markets, AIG, the largest property and casualty insurer in the world, was saved from bankruptcy when the federal government stepped in at the last hour with an $85 million bridge loan of United States taxpayer money.

On Wednesday, the feds orchestrated the loan along with taking an 80 percent ownership interest in the company.That’s right, the United States government now owns the world’s largest property and casualty insurance business. While the federal government interceding to takeover and in effect nationalize an ailing private company is not unprecedented, it was a rare occurrence in the United States until this week.

AIG’s biggest block of business, general insurance, accounts for nearly half of the holding company’s $110 billion revenue.However, AIG’s financial unit was heavily involved in providing credit default insurance, which was linked to subprime mortgages.

Published on: September 4, 2008

Allstate Rates as Worst Insurer

by Robert N. Katz, Esq.

The American Association of Justice, a trial lawyer’s advocacy group, ranked Allstate Insurance Company as the worst insurer for consumers.The group based its rankings on an evaluation of legal filings showing a pattern of greed, refusal to pay legitimate claims, and rewarding employees for claim denials.

The AAJ says its rankings are backed by thousands of court documents produced during litigation against the insurer and complaints filed with state insurance regulators, the SEC and the FBI.Apparently in the mid-1990s Allstate contracted the consulting giant, The McKinsey Group, to help change its claim policy to one of “lowball” offers and systematic denials.

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Published on: March 17, 2008

Tornados Wreak Havoc; Bad Faith in Issue

by Robert N. Katz, Esq.

A Friday night tornado ripped through downtown Atlanta, causing serious damage to buildings in the business district.Inside the CNN Center, water flooded parts of the building, shattered glass littered the floor and dust and debris entered from the torn roof. Next door at the Georgia Dome the SEC conference basketball game was halted.The storm ripped part of the ceiling of the dome off.

On Saturday afternoon, a second tornado claimed the lives of two victims in Bartow and Floyd County in north Georgia. That twister was five times wider and stayed on the ground longer than the Friday tornado.One victim was killed when her home was flattened; flying debris killed the other.

Spring is peak season for tornados.Most tornados occur in what is known as “Tornado Alley” which is the plains of the central and southern states – east of the Rocky Mountains and west of the Appalachian Mountains.The most frequently hit states are Florida, Oklahoma and Texas.Wind speeds vary from 100 to 300 miles per hour and most tornados are two miles long.Tornados come from the energy released in a thunderstorm.

Published on: September 19, 2007

What is Medical Payments Coverage and When Should I Use It When Injured in an Auto Accident?

by Robert N. Katz, Esq.

Commonly, insurance policies include an endorsement which provides the insurer “will pay reasonable expenses incurred for necessary medical and funeral services because of bodily injury caused by accident and sustained by an ‘insured.’”Medical payments coverage for car accidents is optional under Georgia insurance policies and is available to the insured regardless of fault.These endorsements typically provide for recovery up to a certain amount for a certain amount of time, generally three years.Furthermore, the insurance carrier must pay benefits within sixty days of the demand by the insured who has suffered a personal injury in a car accident.

The question of who is covered under a medical payments endorsement for medical bills incurred due to a personal injury in a car accident is set out by statute.OCGA § 33-34-2(1) provides: “Coverage shall be available to the named insured, resident spouse, and any resident relative while occupying the covered motor vehicle, and to any other person legally occupying a covered motor vehicle.”

Individuals injured in automobile accidents should look to their health insurance carrier for payment of their medical bills first, as coverage is provided under contract with the health insurance carrier.The injured should then look to the medical payments carrier which will pay funds directly to the injured party and will reimburse the injured insured for any out of pocket expenses not paid by the injured insured’s health insurance carrier.It is important to remember that most automobile policies contain notice provisions which will also apply to medical payments coverage and in all cases, the injured insured should notify their own insurance carrier as soon as possible.