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	<title>DWKM&#38;R Blog &#187;  Insurance Company Bad Faith</title>
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		<title>Consumer group issues generic medication warning</title>
		<link>http://dwklaw.com/blog/2008/12/09/consumer-group-issues-generic-medication-warning/</link>
		<comments>http://dwklaw.com/blog/2008/12/09/consumer-group-issues-generic-medication-warning/#comments</comments>
		<pubDate>Tue, 09 Dec 2008 14:06:37 +0000</pubDate>
		<dc:creator>Doug Martin</dc:creator>
				<category><![CDATA[ Insurance Company Bad Faith]]></category>
		<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[]]></category>
		<category><![CDATA[generic drugs]]></category>
		<category><![CDATA[insurance denial]]></category>
		<category><![CDATA[medication error]]></category>
		<category><![CDATA[prescription fraud]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/12/09/consumer-group-issues-generic-medication-warning/</guid>
		<description><![CDATA[In this day and age, healthcare is always a hot topic, especially when it comes to medications and insurance companies.  Now, a Florida consumer group is urging the public to be wary of prescription drug &#8220;switching&#8221; that can reduce the cost of a medicine, but also result in a substitute drug with a different [...]]]></description>
			<content:encoded><![CDATA[<p>In this day and age, <a href="http://www.dwklaw.com/html/pa-medical-malpractice.html">healthcare</a> is always a hot topic, especially when it comes to medications and <a href="http://www.dwklaw.com/html/pa-insurance-company.html">insurance companies</a>.  Now, a Florida consumer group is urging the public to be wary of prescription drug &#8220;switching&#8221; that can reduce the cost of a medicine, but also result in a substitute drug with a different chemical make up.  The warning comes as health insurance plans have begun contacting members to urge them to switch from brand name medications to so-called &#8220;generic alternatives.&#8221;</p>
<p>While generic medications can be cost-effective and appropriate alternatives, it is important to get the approval of your prescribing physician.  Patients pay health care premiums to their insurance company so that, when the time comes, the insurance company will step up and pay for the necessary medications that are covered by the policy.  Insurance companies should put their patients’ health first and not base the decision to switch medications on an attempt to save a few dollars at the risk of causing injury to the patients.</p>
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		<title>Central Floridians who drop homeowner&#8217;s insurance coverage expose themselves to risk from hurricane damage</title>
		<link>http://dwklaw.com/blog/2008/09/29/central-floridians-who-drop-homeowners-insurance-coverage-expose-themselves-to-risk-from-hurricane-damage/</link>
		<comments>http://dwklaw.com/blog/2008/09/29/central-floridians-who-drop-homeowners-insurance-coverage-expose-themselves-to-risk-from-hurricane-damage/#comments</comments>
		<pubDate>Mon, 29 Sep 2008 20:30:47 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
				<category><![CDATA[ Insurance Company Bad Faith]]></category>
		<category><![CDATA[hurricane claims]]></category>
		<category><![CDATA[hurricane coverage]]></category>
		<category><![CDATA[insurance delays]]></category>
		<category><![CDATA[insurance disputes]]></category>
		<category><![CDATA[windstorm claims]]></category>
		<category><![CDATA[windstorm coverage denials]]></category>
		<category><![CDATA[windstorm denials]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/09/29/central-floridians-who-drop-homeowners-insurance-coverage-expose-themselves-to-risk-from-hurricane-damage/</guid>
		<description><![CDATA[Today’s South Florida Sun-Sentinel reports about homeowners who are choosing to &#8220;go bare&#8221; when it comes to windstorm coverage after seeing their property insurance double, or in some cases triple, after the 2004 and 2005 hurricane seasons.  The added prospect of having to shell out money for repairs after paying insurance premiums for years [...]]]></description>
			<content:encoded><![CDATA[<p>Today’s South Florida Sun-Sentinel reports about homeowners who are choosing to &#8220;go bare&#8221; when it comes to windstorm coverage after seeing their property insurance double, or in some cases triple, after the 2004 and 2005 hurricane seasons.  The added prospect of having to shell out money for repairs after paying insurance premiums for years only adds insult to injury.  </p>
<p>This new option is only for people who own their homes and don&#8217;t have a mortgage.  I don’t recommend it.  In 2004, when Hurricane Ivan hit, I met with many people in the panhandle and Central Florida who were devastated because they did not have adequate homeowners insurance to cover their property losses.  I will never forget the look of despair and fear on their faces.  </p>
<p>Insurance companies do not always do the right thing.  If you are the <a href="http://www.dwklaw.com/html/pa-insurance-company.html">victim of the insurance company’s</a> delay tactics and frivolous denials, you may have to hire an attorney to protect your rights against an insurance company and allow a group of six jurors to settle the dispute at trial.  </p>
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		<title>Consider Adding Flood Insurance For Hurricane Damages</title>
		<link>http://dwklaw.com/blog/2008/05/09/consider-adding-flood-insurance-for-hurricane-damages/</link>
		<comments>http://dwklaw.com/blog/2008/05/09/consider-adding-flood-insurance-for-hurricane-damages/#comments</comments>
		<pubDate>Fri, 09 May 2008 17:53:34 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
				<category><![CDATA[ Insurance Company Bad Faith]]></category>
		<category><![CDATA[flood damage]]></category>
		<category><![CDATA[flood insurance]]></category>
		<category><![CDATA[hurricane insurance]]></category>
		<category><![CDATA[insurance claims]]></category>
		<category><![CDATA[property damage claims]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/05/09/consider-adding-flood-insurance-for-hurricane-damages/</guid>
		<description><![CDATA[The 2008 hurricane season is just three weeks away, and forecasters are predicting a well above average season with 15 named storms, eight hurricanes, and four intense hurricanes.  This week, the Orlando Sentinel reminded homeowners to check their insurance policies to make sure they have enough coverage for damages that might occur during a [...]]]></description>
			<content:encoded><![CDATA[<p>The 2008 hurricane season is just three weeks away, and forecasters are predicting a well above average season with 15 named storms, eight hurricanes, and four intense hurricanes.  This week, the <a href="http://www.orlandosentinel.com/business/orl-checkup0808may08,0,3428547.story">Orlando Sentinel</a> reminded homeowners to check their insurance policies to make sure they have enough coverage for damages that might occur during a major storm.  “The most important thing to look for in a policy is whether it will pay enough to rebuild or repair a home, replace belongings and cover living expenses.”  </p>
<p>I commend the Orlando Sentinel for this article and particularly reporter Anika Myers Palm’s reference to flood insurance.  </p>
<p>After the tough hurricane season Florida endured in 2004, the insurance industry successfully lobbied for legislation that provides more protection for itself than it does for homeowners.  For instance, insurance companies now have less of a burden to provide coverage for damage resulting from a flood.  As a result, the door is open for <a href="http://dwklaw.com/pa-insurance-company.shtml">self-interested insurance companies</a> to claim that damage was caused by flood as opposed to wind driven rain.  </p>
<p>As such, I highly recommend that homeowners purchase flood insurance even if they don’t live in a flood zone.  </p>
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		<title>Allstate Defies Subpoenas, Continues Writing New Business In Florida</title>
		<link>http://dwklaw.com/blog/2008/04/16/allstate-defies-subpoenas-continues-writing-new-business-in-florida/</link>
		<comments>http://dwklaw.com/blog/2008/04/16/allstate-defies-subpoenas-continues-writing-new-business-in-florida/#comments</comments>
		<pubDate>Wed, 16 Apr 2008 15:59:23 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
				<category><![CDATA[ Insurance Company Bad Faith]]></category>
		<category><![CDATA[Allstate Florida]]></category>
		<category><![CDATA[hurricane insurance]]></category>
		<category><![CDATA[insurance claims]]></category>
		<category><![CDATA[property damage claims]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/04/16/allstate-defies-subpoenas-continues-writing-new-business-in-florida/</guid>
		<description><![CDATA[Allstate Insurance Co. has filed a motion with Florida&#8217;s First District Court of Appeal requesting a rehearing of an opinion the court issued on April 4 lifting a stay of its suspension to write new business.
In January, the Florida Office of Insurance Regulations (OIR) banned Allstate from writing new insurance policies in Florida because the [...]]]></description>
			<content:encoded><![CDATA[<p>Allstate Insurance Co. has filed a motion with Florida&#8217;s First District Court of Appeal requesting a rehearing of an <a href="http://opinions.1dca.org/written/opinions2008/04-04-08/08-0275.pdf">opinion </a>the court issued on April 4 lifting a stay of its suspension to write new business.</p>
<p>In January, the Florida Office of Insurance Regulations (OIR) banned Allstate from writing new insurance policies in Florida because the insurance company failed to comply with subpoenas issued last October to produce documentation pertaining to its property insurance policies in the state.  The First DCA granted a stay from the OIR&#8217;s order the next day.  The OIR told the <a href="http://www.insurancejournal.com/news/southeast/2008/04/15/89125.htm">Insurance Journal</a> that Commissioner Kevin McCarty will continue to pursue this matter until Allstate complies fully with the subpoenas.  </p>
<p>Commissioner McCarty should be commended for suspending Allstate&#8217;s license to sell insurance policies in Florida.  It is nice to see the OIR flex its muscle when needed.  Allstate&#8217;s abject failure to comply with the state&#8217;s subpoena begs the question: What does this insurance giant have to hide from Florida citizens?  The deadline for the producing the documents was mid January yet Allstate still has not fully complied.  Even more disturbing, Allstate is currently being held in contempt by a Missouri court with a fine of $25,000/day for its failure to produce similar documents.  The fines have exceeded $2 million, yet Allstate still has not produced these documents. </p>
<p>After the courts stayed the upheld suspension, allowing Allstate to continue writing policies for now, Allstate Spokeswoman Amy Moore remarked, &#8220;The rehearing gives us the opportunity to articulate to the court that OIR&#8217;s position jeopardizes the ability of our agents to serve their communities.&#8221;  In other words, it gives Allstate a little more time and opportunity to collect more money from the citizens of Florida.</p>
]]></content:encoded>
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		<title>Protect Your Family With Uninsured Motorist Coverage</title>
		<link>http://dwklaw.com/blog/2008/04/11/protect-your-family-with-uninsured-motorist-coverage/</link>
		<comments>http://dwklaw.com/blog/2008/04/11/protect-your-family-with-uninsured-motorist-coverage/#comments</comments>
		<pubDate>Fri, 11 Apr 2008 14:15:44 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
				<category><![CDATA[ Insurance Company Bad Faith]]></category>
		<category><![CDATA[Motorcycle Accidents]]></category>
		<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[Car accident]]></category>
		<category><![CDATA[insurance claims]]></category>
		<category><![CDATA[motorcycle accident]]></category>
		<category><![CDATA[uninsured motorist]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/04/11/protect-your-family-with-uninsured-motorist-coverage/</guid>
		<description><![CDATA[Recently, a successful Central Florida business executive and his wife were out for a Sunday motorcycle ride when they were hit by an uninsured motorist who ran a red light.  Despite wearing helmets, the two suffered severe injuries that left them hospitalized for months.  Adding insult to injury, the couple unknowingly had rejected [...]]]></description>
			<content:encoded><![CDATA[<p>Recently, a successful Central Florida business executive and his wife were out for a Sunday motorcycle ride when they were <a href="http://dwklaw.com/pa-auto-accidents.shtml">hit by an uninsured motorist</a> who ran a red light.  Despite wearing helmets, the two suffered severe injuries that left them hospitalized for months.  Adding insult to injury, the couple unknowingly had rejected stacking of their uninsured motorist coverage.  As a result, they were left with insufficient uninsured motorist insurance to cover their catastrophic losses.</p>
<p>Unfortunately, there was little the firm could do for this couple or other victims hurt by uninsured drivers when there is no uninsured motorist coverage available.  Instead, they would like others to learn from their accident.  Be sure to:<br />
&#8211; Talk to your insurance agent and make sure you have adequate auto coverage.<br />
&#8211; Insist that your agent provide you with stacked uninsured motorist coverage on every vehicle and motorcycle in your household.<br />
&#8211; Take every safety precaution if you are going to ride a motorcycle.  </p>
<p>Motorcycles can be dangerous even for safe, experienced riders.  For more information, visit the <a href="http://www.msf-usa.org">Motorcycle Safety Foundation</a>.</p>
]]></content:encoded>
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		<title>Insurance Defense Tactic Draws Criticism</title>
		<link>http://dwklaw.com/blog/2008/03/17/insurance-defense-tactic-draws-criticism/</link>
		<comments>http://dwklaw.com/blog/2008/03/17/insurance-defense-tactic-draws-criticism/#comments</comments>
		<pubDate>Mon, 17 Mar 2008 16:29:01 +0000</pubDate>
		<dc:creator>Brian Wilson</dc:creator>
				<category><![CDATA[ Insurance Company Bad Faith]]></category>
		<category><![CDATA[Legal Industry News]]></category>
		<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[civil lawsuits]]></category>
		<category><![CDATA[civil litigation]]></category>
		<category><![CDATA[insurance claims]]></category>
		<category><![CDATA[insurance litigation]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/03/17/insurance-defense-tactic-draws-criticism/</guid>
		<description><![CDATA[The insurance defense industry is at it again, this time using a controversial psychology test called the Fake Bad Scale to provide evidence that plaintiffs are lying about their injuries. However, psychologists and others believe the Fake Bad Scale identifies too many real victims as malingerers, people who exaggerate their symptoms to win judgments in [...]]]></description>
			<content:encoded><![CDATA[<p>The insurance defense industry is at it again, this time using a controversial psychology test called the Fake Bad Scale to provide evidence that plaintiffs are lying about their <a href="http://dwklaw.com/pa-personal-injury.shtml">injuries</a>. However, psychologists and others believe the Fake Bad Scale identifies too many real victims as malingerers, people who exaggerate their symptoms to win judgments in court, according to the <a href="http://blogs.wsj.com/law/2008/03/05/test-for-fingering-malingerers-comes-under-fire/">Wall Street Journal Law Blog</a>.  “Virtually everyone is a malingerer according to this scale,” says retired University of Minnesota psychologist James Butcher who has published research faulting the Fake Bad Scale. “This is great for insurance companies, but not great for people.”</p>
<p>This is just another example of those in the insurance defense industry trying to manipulate the legal system in their favor when they cannot win on a level playing field.  Other efforts over the years include attempting to change the laws in favor of the defense or to provide complete immunity and becoming involved in judicial races by supporting candidates who are preferential to their cause.</p>
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