Some long term care insurance companies are notorious for not paying policyholders the benefits that are rightfully theirs. This is especially true in the state of Florida which has a high percentage of elderly residents. So, what laws protect the elderly in Florida?

Attorney Dan Thornburgh

Attorney Dan Thornburgh’s law firm represents long term care policyholders whose insurance companies don’t deal with them in good faith. In a recent interview, we asked him what specific laws protect the elderly in Florida. He told us:

Florida has a number of different statutes as well as civil tort claims that can be brought against these companies to protect the elderly from being abused. We have the standard breach of contract for the lack or failure to perform under the terms of the policy. We also have an elderly abuse statute which protects a vulnerable adult from being neglected, abused or taken advantage of, as well as an unfair and deceptive trade practices act which protects consumers from the unfair practices of insurance and other companies. We can also bring fraud based claims.

There’s also a very unique statute that can be used in Florida, and many other states, that allows for an expedited trial for the elderly. So, those people aged 65 years old or older that have certain health conditions can seek an expedited trial. That really puts a lot of pressure on the defendant and provides for a faster resolution.

Don’t give up!

When long term care policyholders are dealing with their insurance companies on their own and can’t get satisfaction, Thornburgh says, “Don’t give up!” He explained:

The first thing policyholders should do, or I should say shouldn’t do, is give up. Companies using stall tactic schemes hope that they do give up. However, some of the schemes we often see with these long term care companies are that they really have a bureaucracy and a very poorly set up system to allow investigations of claims to be done effectively and efficiently.

We see forms being lost and the wrong forms being sent to policy holders. We often see these companies just wrongfully denying the claim for no reason, or without good reason, after the elderly person has done everything that they needed to do under the terms of the policy. Policyholders are doing what is required of them, but the insurance companies are not. It’s really unfair.

If your long term care insurance company has denied your rightful benefits, it may have acted in bad faith and you might want to contact an attorney whose practice focuses in this area of the law. Consultations are strictly confidential, free of charge and without any obligation. To contact a qualified attorney, please click here. We may be able to help.