This is ridiculous--Little Leaguer getting sued

[Rich Ives]

Originally Posted by BSUmp16

Pray tell, Mr. Darrow, under what insurance policy is she going to "sue her insurance company"?

Breach of contract. Don't need that or another policy to be able to do that.

[BSUmp16]

Originally Posted by Rich Ives

Breach of contract. Don't need that or another policy to be able to do that.

Oh this is getting even more goofy - What contract and what was the breach? You're just making stuff up and throwing words on the screen

[Adam]

Originally Posted by BSUmp16

Oh this is getting even more goofy - What contract and what was the breach? You're just making stuff up and throwing words on the screen

One possibility: The contract with her health insurance company to cover various injuries and illnesses. Unless you're saying no insurance company has ever tried to not pay what they were obliged to pay.

[BSUmp16]

Originally Posted by Snaqwells

One possibility: The contract with her health insurance company to cover various injuries and illnesses. Unless you're saying no insurance company has ever tried to not pay what they were obliged to pay.

Her health insurance company (if she has one) has not (based on the OP) denied her benefits. Which, by the way, has nothing to do with her lawsuit against a third party (check out the Collateral Source rule).

[Adam]

Originally Posted by BSUmp16

Her health insurance company (if she has one) has not (based on the OP) denied her benefits. Which, by the way, has nothing to do with her lawsuit against a third party (check out the Collateral Source rule).

There's nothing in the article that mentions her insurance company at all, so there isn't nearly enough information. All we know is she's claiming $150,000 in medical bills. That's pretty clear to me (given that the claim is for an errant baseball throw) that there has been no insurance payments involved.

I know with my auto insurance, if you have uninsured motorist coverage, the insurance company will pay out and in turn sue the guilty driver. Since she's suing, I'm assuming she either doesn't have health insurance or her insurance company refused to pay for some reason.

Regardless, you didn't ask if it was likely, and none of us indicated it would be. You asked:

Originally Posted by BSUmp16

Pray tell, Mr. Darrow, under what insurance policy is she going to "sue her insurance company"?

The scenario isn't all that far fetched, in general.

All that said, this really seems like the dumbest couple ever. I wonder if they got a cousin with a law degree to file this one.

If I was the parents of the kid, I'd counter-sue for everything I could. People like this really need to be on the hook for legal fees when they file frivolous suits.

[BSUmp16]

Originally Posted by Snaqwells

There's nothing in the article that mentions her insurance company at all, so there isn't nearly enough information. All we know is she's claiming $150,000 in medical bills. That's pretty clear to me (given that the claim is for an errant baseball throw) that there has been no insurance payments involved.

I know with my auto insurance, if you have uninsured motorist coverage, the insurance company will pay out and in turn sue the guilty driver. Since she's suing, I'm assuming she either doesn't have health insurance or her insurance company refused to pay for some reason.

Regardless, you didn't ask if it was likely, and none of us indicated it would be. You asked:



The scenario isn't all that far fetched, in general.

All that said, this really seems like the dumbest couple ever. I wonder if they got a cousin with a law degree to file this one.

If I was the parents of the kid, I'd counter-sue for everything I could. People like this really need to be on the hook for legal fees when they file frivolous suits.

OK, I'm done. I've been a lawyer for 35 years. You don't have a clue about what you're saying. On what possible basis are the parents going to "counter-sue" the lady who got hit?

I agree that everyone is entitled to their opinions, but comments like yours have zero factual/legal basis.

[Adam]

Originally Posted by BSUmp16

OK, I'm done. I've been a lawyer for 35 years. You don't have a clue about what you're saying. On what possible basis are the parents going to "counter-sue" the lady who got hit?

I agree that everyone is entitled to their opinions, but comments like yours have zero factual/legal basis.

I know they can't. I wish they could. I'll leave it there.

Then again, what would you have said if someone had told you a lady would sue a little league player who hit her with a baseball in the course of a game?

[Rich Ives]

Originally Posted by BSUmp16

Oh this is getting even more goofy - What contract and what was the breach? You're just making stuff up and throwing words on the screen

Making stuff up? Hell no.

An insurance policy is a contract between the insurance company and you.

You asked why she would sue her insruance company. Not some other party's company - her own.

If they deny coverage then she can sue for breach.

Understand better now?

[MrUmpire]

Originally Posted by Rich Ives

Making stuff up? Hell no.

An insurance policy is a contract between the insurance company and you.

You asked why she would sue her insruance company. Not some other party's company - her own.

If they deny coverage then she can sue for breach.

Understand better now?

BSUmp16:

Rich isn't a lawyer, he just plays one on the internet.

[BSUmp16]

Originally Posted by MrUmpire

BSUmp16:

Rich isn't a lawyer, he just plays one on the internet.

+1
'Nuff said

[BigUmp56]

Originally Posted by MrUmpire

BSUmp16:

Rich isn't a lawyer, he just plays one on the internet.

I'm not an attorney either, but a quick study of the subject of suing your insurance company for breach of contract shows that it's not just an option, it's a very plausible option. In fact you don't have to go so far as to sue them for breach of contract if you can prove only that they acted in bad faith while representing you in a claim.

Tim.