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  • Jonathan G. Stein
    Mr. Stein is a former insurance adjuster who now handles cases for injured individuals. Most of his practice consists of MIST cases. You can read more about Mr. Stein the post entitled "About the Book Author."
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January 02, 2008

New Practice from Insurers

A major insurer is introducing a new policy on MIST cases. Apparently, this insurer has decided to make our lives more difficult and more work. How, this time, you ask?

This insurer refuses to settle any MIST case without getting the bills directly from the health insurer. Why? Because then they are placing the name of the health insurer on the check. In California, at least, the health insurer does not have a lien, but only a right of reimbursement. So, why do they do this?

It creates one more issue for the attorney to deal with. By creating new issues, they are causing the attorney to work more. More work for the same amount of money makes a case less attractive. And that, my friends, is why they are doing it. They want to force these cases away from us.

Remember, they do not need the bills from the health insurer. You just need to provide something showing the reasonable charges. There are outside vendors who will do this for under $100. There is no need to wait and create more work, especially since some health care providers are taking six months to provide the bills (another reason for the insurance company to insist on those bills - it makes our cases take longer).

Don't be fooled by this. If they refuse to settle, take an aggressive approach with the insurer and their insured. 

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  • Julie Goren, author of Litigation by the Numbers, is now offering $20 off her Combo Pak through November 30, 2007. http://litigationbythenumbers.com/MIST.html This is a great offer. I have Litigation By The Numbers in my office and use it with most of my pleadings. Take a look at it and order through this special offer. Thanks for all of your support of my book. Jonathan