The "Auntie" isn't the monster she was made out to be.

[PeaceNikki]

Blame the way insurance claims work in Connecticut.

http://gawker.com/aunt-didnt-want-to-sue-nephew-lawyer-says-insurance-c-1736551054?utm_campaign=socialflow_gawker_facebook&utm_source=gawker_facebook&utm_medium=socialflow

The firm representing her, Jainchill and Beckert, said in a statement that her insurance company was only willing to pay $1 of her medical bills. The injury happened in Connecticut, and under that state’s law, filing the claim obliged Connell to take the responsible party—who happened to be 12—to court.

She lost the case and wasn’t able to recover any money. Even if she had, it wouldn’t have been from her nephew, Sean Tarala, but from his family’s homeowner’s insurance.

“From the start, this was a case was about one thing: getting medical bills paid by homeowner’s insurance,” her lawyers’ statement said,“Our client was very reluctant to pursue this case, but in the end she had no choice … Her hand was forced by the insurance company. We are disappointed in the outcome, but we understand the verdict.”

The firm didn’t name Connell’s insurance company, but the homeowner’s policy that covered Sean was apparently with Travelers. Their local counsel represented Sean in the case.

But please don't let that interfere with the desire to vilify the woman.

[Warren DeMontague]

1. She clearly had some crappy legal advice- like whoever told her to complain in court about not being

Able to "hold the h'ors d'oeuvres plate"

I mean, on what planet is that going to sway a jury in your favor?

[PeaceNikki]

2. I am sure that was a quote cherry picked to make her look like an asshole.

[Warren DeMontague]

8. If she hadnt actually said it, no one could have cherry picked it.

I think she was more involved in this process than she now is trying to claim, because she's seen how bad she looks on the internet. The pharma bro did the same thing, once he saw how many people thought he was an asshole. All of a sudden he was the victim of misrepresentation.

[PeaceNikki]

9. I agree with the responses to you in the other thread

http://www.democraticunderground.com/10027258827#post1

We're being played by the "tort reform!!" machine.

[Warren DeMontague]

11. Maybe.

But the words came out of her mouth, which indicates, to me, a shocking degree of complete fuckin' cluelessness.

[LiberalElite]

13. I think she wasn't prepped well enough by her atty

I testified in a criminal matter and the asst. D.A. went over what they would ask and how I would answer.

[Warren DeMontague]

15. Would agree.

[LiberalElite]

16. Maybe next up is a lawsuit for legal malpractice nt

[Hassin Bin Sober]

22. It may have come out in a deposition and hammered home at trial by the insurance...

.... company attorney.

Let's not forget it was the homeowner's insurance company attorney litigating this case.

[Whiskeytide]

21. But I can see how it might have gone...

She likely gives a six hour discovery deposition in the case. Hundreds of questions. At some point she's asked "Tell us some examples of how your wrist gives you problems". She says "Well, just the other night I was at a friends house. It was kind of a dinner party. And I noticed that my wrist was too weak to hold my plate". Q. "What was on the plate?" A. "Oh, I don't remember. It was finger food". Q "Was the plate full?" A. "Not really. It was not a big dinner plate". Q. "Would you describe it as a plate of hors d'oerves, perhaps?" A. "I guess you could say that".

Presto - defense has a trial meme that she's complaining that she can hold her hors d'oerve plate.

I suggested yesterday when this story broke that this came about because the carrier played hardball since they knew she would be reluctant to sue her nephew. Offering $1 is adjuster code for "F' you". The sad thing is that I'm sure they paid their lawyers more to defend this case than they likely could have settled it for if they had been reasonable at the start. But they got a new Stella Leibeck out of it, so I guess it was money well spent for them.

[Hassin Bin Sober]

23. Yep. I just typed a response without seeing yours.

[Goblinmonger]

17. It never ceases to amaze me the number of progressives

that fall for the tort reform bullshit.

[Warren DeMontague]

18. The question no one seems to be asking is, why didnt her health insurance cover it?

Why is she suing the nephew in lieu of her homeowners insurance company?

[Goblinmonger]

19. Plenty of people have discussed this on another thread

Likely they wouldn't cover it because the homeowners insurance of the homeowner where it occurred should have paid. Happens all the time. Insurance companies take any chance they can get to not make payments and save money. Or are you of the belief that insurance companies always pay when you want them to.

She said in multiple interviews that this was about getting her out of pocket medical expenses paid.

[Warren DeMontague]

20. I think she got some shitty legal advice.

That seems pretty clear.

[Hassin Bin Sober]

25. Maybe she was honest and sent back the affidavit health insurance companies....

..... now (more often) send for signature when an emergency room claim is submitted for injuries.

They automatically want to know if the injury

A) happened at work

B) happened in a traffic accident

C) happened in someone else's home

Those aren't just passing the time type questions for the sake of curiosity. Answer the "wrong" way and you could be looking at denied claims and either having to do a lot more explaining or get an attorney.

Oh, and don't think you can lie and sue later to double dip. There are services now that monitor filings for name matches.

[Ms. Toad]

26. We've gotten at least 3 of those asking where the accident occurred.

'Scuse me? Since two of them were related to a congential defect perhaps I'm supposed to name the location my parents were when they conceived me?

Hate those things.

[Whiskeytide]

24. Her HO carrier won't cover an injury to her.

It's only for liability to others. There might have been a small medical payments rider, but that's usually limited to $1,000 to $5,000, and is not available on most policies.

Her health insurance might cover her medical treatment, but she still pays deductibles and co-pays, as well as anything not covered because it's a specialist outside her plan, etc. And even then, they can be slow to pay if they believe there is a "responsible party" who should pay. Also, many MDs now refuse to accept medical ins like BC/BS or Medicare if THEY think there is a responsible party who might pay their full rate without the discount a big health carrier gets. An MRI might cost $2,500 retail, but BC/BS only pays the doc $700 for it. Who do you think they'll prefer sending the bill to?

99% of the time, the crazy lawsuits you hear about are not so crazy when you get the whole picture. Lawyers don't usually waste their time and money on bullshit cases more than once or twice before they get wise. The judge who sued a dry cleaners a few years back and put them out of business is the exception, not the rule. And he represented himself on a personal vendetta. No hired lawyer poured his resources into that bs.

Jmo.

[Ms. Toad]

27. Not her house. Her policy won't cover it.

As to why health insurance didn't, even when they pay the initial bills they often try to shift liability to someone else later via subrogation. Typically, when you make a claim, you are agreeing to cooperate with them going after the responsible party to recover their up front payments (if any - some are refusing to pay up front).

[MADem]

5. Does this mean HER insurance has to pay? If so, then that was a smart move!

If she made herself unlikeable to a jury so they'd vote against her, then she was actually covering for her nephew's parents, so they wouldn't find against them....

"It's impossible to hold a champagne flute for more than a minute at a time...."

I'd love to be a fly on the wall to hear the conversations between the parties, if there are any.

[PeaceNikki]

6. I sure hope so.

Assholes.

Every time I use my insurance they send a form asking what happened and who they can sue so they don't have to pay.

[Kath1]

10. I've worked in that industry in auto claims for over 25 years.

The people who run those companies are rotten to the core. They treat people like shit. They treat their employees like shit, too.

They should have paid her medical bills and and given her some more for inconvenience, pain, etc. Instead, they knew they could make her look bad.

They probably paid 10 times more to litigate that case than they could to settle it fairly in the first place.

[Whiskeytide]

28. I am NOT defending ins companies...

... Please don't tell anyone I did (it would damage my cred).

BUT - that's actually how it SHOULD work. If your health ins pays for your treatment, but there's a party at fault for the accident, the at fault person's liability ins should pay it or reimburse your health ins. That helps keep the cost of your coverage (your premiums) down. The at fault person's premium might go up, but that's where the responsibility should fall.

[Warren DeMontague]

12. True. Like "I have to count my money with one hand!"

or "It's made it very difficult to call my hedge fund manager"

[MADem]

14. LOL!!!! nt

[Hepburn]

3. I just read that she lost the case.

Jury voted totally against her.

[trumad]

4. Kind of knew that this was the case from the beginning.

It happens all the time in America. Somehow this got ginned up to what it was.

Weird.

[yeoman6987]

7. She is despised by Americans this week

Someone will replace her next week.

[Renew Deal]

29. Does health insurance cover it if homeowners doesn't?

[tammywammy]

30. Yes, it should.

The court case was about determining liability, since her health insurance thought the homeowners should cover it and vice versa.

[Dorian Gray]

31. I have to admit

I was wrong about this case. I read it and initially was angry with the aunt for suing her nephew.

I was right to be angry, though. I was just angry at the wrong party. I should be furious (we all should be) with the system we live in that this is what has to happen for health related insurance claims to be paid. What a waste of time, money, and resources.

Insurance reform should be a priority for all of us. This is insane.