Millions of Americans have long term care insurance. While it’s supposed to provide peace of mind, many policyholders experience just the opposite – because their insurance company doesn’t pay. What should you do if this happens?

Expert advice

Dan Thornburgh, a Florida attorney whose firm represents long term care policyholders, is an expert when it comes to long term care insurance. He’s seen first hand how many insurance companies use stalling tactics in hopes that policyholders simply give up. He provided the following expert advice to consumers in a recent interview:

What can someone do if their long term insurance company uses stalling tactics?

If you start to see a stall tactic being used by the long term care insurance company, or if you get wrongfully denied, the next thing you should do is hire a lawyer who has experience and who’s not afraid to go up against large insurance companies to fight for your rights.

Are there any specific insurance companies that continually deny coverage?

The New York Times named four of the big ones as Conseco, Bankers Life & Casualty, Penn Treaty and John Hancock. In my practice, I’ve mostly seen Conseco and Bankers Life & Casualty Company.

What types of actions can Florida consumers bring against long term care insurers?

The first would be a claim for breach of contract. Often times, you may be able to bring a claim for breach of fiduciary duty, which can be brought against the insurer, insurance company or even against the agent in certain circumstances. In addition, claims might also be brought for unfair deceptive trade practices, fraud in the inducement and fraudulent misrepresentation – either intentionally or negligently.

What advice would you give to Florida consumers who currently have long term care policies or those that are shopping for long term care insurance?

If they have access to the internet, there are a lot of resources available to find pricing and information on which insurance companies are denying more claims than others. They can also find out how many complaints are made against individual companies each year. If they don’t have access to the internet, they can contact the Attorney General of the state in which they live. There are also consumer advocate groups that can help, as well as long term care associations who can provide this type of information.

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.