Houston Trial Lawyer Blog : Houston Business Litigation Lawyer & Attorney : Arnold & Itkin Law Firm : Personal Injury, Wrongful Death, Accident Claims

Nationwide Mutual Insurance Company settled for $6 million in a class action lawsuit over an accusation that, in some cases, the company charged its customers more than the maximum policy premiums.

The insurance lawsuit accused the Columbus-based insurer of charging some people excessively for certain term life insurance policies. As many as 200,000 people are believed to have been over charged for the policies they bought between 1990 and 2006. Details of the settlement are being kept confidential, although, the lawsuit itself claimed damages of $9.3 Million.

Meanwhile, Nationwide is also being sued by a Washington woman who signed up for group insurance with the company and was denied a pay out on her $135,000 medical bill.

It is very important to read the fine print when signing up for a policy with an insurer. Companies can cloak loopholes in the fine print of the policy, allowing them to get away with paying you less than you deserve, denying claims altogether, and giving them a way out when they are locked in an insurance dispute.

Methods used by insurers to rack up profits and deny or delay claims, include:

• Overcharging premiums
• Breach of contract
• Misrepresentation
• Failure to disclose

For a person facing a devastating life situation, the knowledge that his insurance company will not pay out the claim owed to him can be distressing. Reviewing your policies to look for loopholes you could have misunderstood, can be a daunting task. The contractual details are covered in legalese that can be difficult to decode. An experienced insurance attorney can help you decode the fine print and understand your rights.

Insurance Attorneys

If you've been mislead by an insurance company, an insurance attorney can help you get the compensation you deserve, in addition to helping you understand your rights and what exactly your policy covers.

Contact an insurance attorney, at Arnold & Itkin LLP for a free evaluation of your case.

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The family of a little boy, who was seriously injured in a truck accident involving a driver fleeing from the police, won their fight with Nationwide Mutual Fire Insurance Company.

Last week, the Texas Supreme Court ruled that the insurer must pay the family's claim. Greg and Mirabel Tanner filed a lawsuit against Nationwide after their child was seriously injured in a truck accident as the driver fled from police. The truck accident left all 4 members of the Tanner family with injuries, but 7-year-old Roney sustained severe head, shoulder, and arm injuries. He remained in a coma-like state for many days.

His parents sued the truck driver, Richard Gibbons, and hoped his policy would cover the cost of Roney’s medical expenses. Nationwide, however, refused to pay out, claiming Gibbons violated the terms of his insurance policy when he led police on a high speed chase. At the time of the accident, he was traveling at 100 mph. An earlier jury ruled in the favor of the family, but the verdict was overturned by a judge and an appeals court.

At the core of the insurance dispute, was whether Gibbons' actions in fleeing from the police constituted an “intentional act”. An "intentional act" clause voids the policy, if the policy holder is found to have intentionally indulged in reckless behavior, causing an accident. Fortunately for the Tanners, Gibbons purchased his policy in Ohio, which has a much broader definition of "intentional act" than Texas, where the accident occurred.

In another fortunately turn of events for the Tanners, the Supreme Court sided with them. According to the ruling, Nationwide was unable to prove that Gibbons believed his reckless behavior was “substantially certain to cause Injury.”

Insurance Disputes

An insurance company can often make use of technicalities to avoid paying out policies. For many of these companies, the priority is to pay out as little as possible or delay a claim for as long as possible. That is why having an experienced insurance attorney on your side can mean the difference between losing out on what is rightfully yours and receiving the payout you deserve.

If an insurance company is holding out on payments that are rightfully yours, an insurance attorney can help you collect the money you deserve.

Contact an insurance attorney, at Arnold & Itkin LLP for a free evaluation of your case.

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