Theresa Appelbaum

claim rejection

Vexatious Refusal: Key Elements of Proving Insurer Misconduct

When insurance companies wrongfully delay or deny payment on an insurance claim, it causes more than harm and frustration. It also potentially breaches legal and contractual obligations to the policyholder. However, there are consumer protection laws that help make sure this behavior does not go unchecked. In a previous post, we presented the potential legal…
Person in a black suit holding a note card that reads, "claim denied".

Insurance Companies Behaving Badly

Bad Faith, Vexatious Refusal and the Role of an Insurance Claims Lawyer Bad faith insurance claims are one example of how insurance companies can be deceptive and unfair. Insurance is designed to protect people. Policyholders pay into the system expecting to have coverage for some of life’s most devastating challenges: such as car accidents, burglary, flooding,…
Wooden gavel laying on top of 100 dollar and 50 dollar bills

How to File a Claim through the Missouri Tort Victim’s Compensation Fund

Now is your opportunity to recover compensation from a past lawsuit that you may be owed. If you were previously injured and unable to obtain full compensation from your claim, you may be entitled to up to another $300,000 through the Missouri Tort Victims’ Compensation Fund. A 2021 judgment by a City of St. Louis…
Missouri capitol building

Proposed Missouri COVID-19 Legislation Could Create Loopholes for Health Care Providers

Medical malpractice lawsuits are typically a last resort for a family who has experienced the devastating and unnecessary loss of a loved one. As Americans adapted to challenges of the COVID-19 pandemic, perhaps no one was more vulnerable than the residents of nursing homes and other long-term care facilities, whose family members were unable to…
Woman using crutches walks the hall of a hospital with her doctor.

How a Pre-Existing Condition Can Affect a Personal Injury Claim

If you were injured in an accident that worsened a pre-existing condition, you may be wondering how your condition will affect a personal injury claim. Although the pre-existing condition leaves you more prone to injury, it does not prevent you from filing a claim if your injuries were caused by the carelessness of another party….
Emergency Hospital Building Sign

“Never Events”: What to Know About Health Care Standards and Errors

On February 8, 2006, then-President George W. Bush signed the Deficit Reduction Act (DRA) of 2005. This piece of legislation included meaningful changes for Medicare and Medicaid that rippled into our modern health care system. Notably, the DRA authorized Medicare to refuse higher reimbursements to health care facilities for a variety of serious and preventable…
Arbitration Agreement at Doctor's Office Photo

How Not to Lose Your Right to a Jury Trial at Your Doctor’s Office

We have all experienced a routine trip to the doctor’s office that began with a monstrous pile of paperwork, held together by a clipboard and pen: HIPAA forms, medical history, contact information and more. Frantically, we scramble to complete all of the forms we were given before our name is called. And we may be…
Sepsis in Nursing Homes Photo

Sepsis in Nursing Homes: Abuse and Neglect

A four-year-old British girl named Sienna made headlines when she contracted sepsis as a result of trying on shoes without socks while she was back-to-school shopping with her mother. The toddler contracted a form of life-threatening bacteria, which doctors believe entered her body by means of a cut or bite on her foot. Fortunately, Sienna’s…