Frail and elderly patients it seems have yet another battle to contend with. The New York Times reported today that increasing numbers of elderly policyholders are being denied care by their long term health care insurers. As a result, lawsuits are increasing throughout the country against insurance giants like Conesco, Bankers Life, Penn Treaty and others, which undoubtedly count on the frailty of these most vulnerable victims, who due to infirmity, disease, and age-induced weariness are more likely to abandon the fight with these bureaucratic monsters. The result: a financial gain for the insurance industry which rakes in millions of dollars in premiums ( more than $4.2 billion in 2006 alone) with little regulatory guidance to ensure that they make good on the policies they sell.
Historically, elderly claimants were not the most attractive legal clients. Apart from the obvious– many suffer from dementia and do not have the ability to assist in the development of their case–many well meaning attorneys have struggled with the potentially questionable value of a case brought on behalf of an 80 year old infirm victim of insurance abuse who may not survive the claim to its resolution. The insurance companies make good use of this- preying on the most vulnerable and insuring that payment delayed is care denied and insurance profits guaranteed.
Given that the fastest growing segment of our society is the aging population this is a massive business opportunity for carriers whose long term care policies cover costs for assisted living facilities, nursing homes and at-home care, among other necessaries. And those costs are staggering, as many people due to gokod health care, life beyond their (insurace actuarial) life expectancies.
The legal community, however, has recognized the substantial injustice visitied on this population and has taken aim on Big Insurance. If you or a family member have been denied payment under an exisitng long term health care policy of insurance, seek legal attention immediately. Restituion and affirmative action is available.