A 90-year-old woman, residing in an assisted-living facility in Billings, Mont., has won a $34.2 million verdict against Ability Insurance Co., an Omaha, Neb.-based insurance company. The case was over the company’s suspending payments for the woman’s dementia care. Arlene Hull and her daughter filed the suit against Ability Insurance Co. in 2010, after the company ended the woman’s assisted-living benefits. Ability claimed that Ms. Hull no longer qualified after a review found she didn’t require “substantial supervision.”
The company obviously misinterpreted its own policy and misapplied the rules. The benefits were restored last year, but the company still refused to pay for the time during which coverage was denied. The jury awarded Hull $250,000 for breach of contract; $2 million for violation of Montana’s Unfair Trade Practices law; and $32 million in punitive damages. Mike Abourezk, a lawyer with Abourezk & Garcia, a firm located in Rapid City, S.D., represented the Plaintiffs and did a very good job.
Source: Associated Press
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