Three Judge Panel Renders Decision That Greatly Affects an Insured’s Rights to Have Insurance Policy Benefits Explained to Them - Philadelphia Car Accident Lawyer Speaks Out
As an experienced personal injury and car accident lawyer, I am dismayed that a court in Miami by a three judge panel ruled that a person cannot sue his or her insurance company for failing to provide an explanation of benefits on a personal injury protection claim. It would seem to this experienced car accident lawyer that the insurance company owes their insured a duty and obligation to explain the benefits once they have taken payment for the policy. Local counsel for the insurance company claimed that this court’s decision would likely decrease frivolous lawsuits against insurance companies. He claimed that such lawsuits were legal tactics by plaintiff’s insurance that turned court claims for personal injuries into law suits for bad faith. Frankly, I believe that many of the policies are so ambiguous and written in such an unclear fashion to benefit the insurance carriers that this decision is poor and reveals the “muscle” that the insurance companies try to use against the interests of their insureds.
The Florida court stated that insured people cannot sue their insurance company for not providing an explanation for benefits on a medical claim and claimed that this will reduce frivolous lawsuits related to PIP auto insurance claims. It seems to this experienced car accident attorney that this decision is a step in the wrong direction in that you should always have the right to question the insurance carrier regarding the terms of the policy it has issued once they collect a premium and the courts are the only proper venue to seek proper redress once they have failed to adhere to the terms of their contract with their insured or if an ambiguity arises. The unfair insurance practice lawyers of Reiff & Bily are committed to fighting back against insurance carriers who put profitability over fair dealing.
