Insurer's Beware! Insurers who insist on using biased medical examiners in an effort to routinely deny insurance benefits to injured people should consider Hangarter v. Provident Life and Accident Ins. Co., 373 F.3d 998, 1010-1011 (9th Cir. 2004). In that recent case the 9th Circuit Court of Appeals noted that Provident had used the same medical examiner at least 19 times over the past 5 years. Moreover, in 13 of 13 claims for disability insurance coverage the medical examiner rejected the total disability claim each time. The Court asserted that the repeated use of a biased medical examiner overcomes any presumption that a carrier's denial of a claim is a "genuine dispute". Instead such a practice constitutes evidence of bad faith on the part of the carrier and may give rise to an independent cause of action against the insurance carrier.
Moving a flagpole near live electrical wires can be very dangerous. A Grayson County, Texas jury has awarded more than $15.6 million to the families of 3 victims of an accident that occurred while they were moving a flagpole in May 2017. The electrocution killed 1 and injured 2. The property manager of the apartment complex where the flagpole was located was found to be negligent for placing the flag pole too close to overhead power lines. See, An award of $15.6 million for 3 victims of electrocution.
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