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Can I sue the insurance company for being completely unprofessional and hazardous to my health?

West New York, NJ |

I am a severe diabetic. I have a new insurance company and they are horrible. I ordered meds at least a month in advanced and they hadnt sent them until about a week ago from today. These meds are crucial to me and without them I could die. They suggested a new meter for my blood glucose and sent out a three month supply of new test strips. When I arrived at the store to purchase my new meter, it was discontinued. Now i have a ton of new test strips for a meter that does not exist anymore and no test strips for my current meter.

Attorney Answers 4


  1. I doubt that you would prevail in a suit against them. Sorry.

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  2. At this point I have to ask, "What are your damages? What injury have you suffered? " If there are damages then perhaps you can be compensated for them, but I do not see that based on the information you have provided.

    As far as being unprofessional, as long as they are meeting their obligations to you under the contract then that cannot be a basis for a law suit, even if their behavior is unpleasant. Unpleasant interactions might be a reason for changing insurance companies, but not a basis for suing them, unless they are obligated to be courteous at all times.


  3. Why do you believe your insurance company is responsible for meter being discontinued?

    This response is for information purposes only, it does not constitute, nor does it create, an attorney-client relationship between Halloin & Murdock, S.C., WWW.HalloinMurdock.com, or Anthony Murdock.


  4. The Employee Retirement Income Security Act of 1974 (ERISA) (Pub. L. No. 93-406, codified in part at 29 USCS § 1002 et seq.) may cover this it was enacted on September 2, 1974. ERISA is a federal law that establishes minimum standards for pension plans in private industry and provides for extensive rules on the federal income tax effects of transactions associated with employee benefit plans. ERISA was enacted to protect the interests of employee benefit plan participants and their beneficiaries by among other things it bars suits by employees for most claims regarding health insurnce provided by employers. You may still be elegable for benifits by filling an arbitration with the insurance company

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