Domestic Violence Is A Preexisting Condition

[Bini]

Domestic violence is a preexisting condition, therefore, insurance denied!

This is a topic on another forum that I frequent and thought I'd post it here. Thoughts?

[MrsAri]

That's nuts.

[Snow]

Yeah - published on the Service Employees International Union so you just know you're getting the unvarnished truth.

Hah!

Dealing with them regularly, as I have, they can't be trusted to say an honest or unbiased thing without checking.

[Just_A_Guy]

I can almost see the theoretical basis for something like that.

A victim of domestic violence--or any other action caused by another--has a legal cause of action against the perpetrator for reimbursement of medical expenses.

The policy here seems somewhat extreme, but I could justify at least a proviso requiring the victim to sue the perp before coming back to the insurer to cover the rest of her costs. Or, better yet, a condition in the health coverage requiring the victim to basically "sell" her right to sue back to the insurer (yes, you can "sell" a right to sue. Happens all the time.), and then the insurer handles the hassles of litigation itself.

[DigitalShadow]

I want to make an insurance company. Since life is a "preexisting condition" I will therefore not pay for any complications resulting from it. Anyone want to invest?

[Dravin]

What about complications resulting from undeath?

[annewandering]

You are going to be raking it in DigitalShadow. First though you are going to have to think up a good lie so the customers dont realize you are going to use that preexisting condition to not pay out.

[DigitalShadow]

What about complications resulting from undeath?

So in the case of a zombie uprising we would go bankrupt, otherwise we would become very rich. I'll take those odds any day :)

[DigitalShadow]

You are going to be raking it in DigitalShadow. First though you are going to have to think up a good lie so the customers dont realize you are going to use that preexisting condition to not pay out.

I'll just bury it in the fine print of the 40 pages of agreements that you have to sign before getting the "coverage".

[Dravin]

So in the case of a zombie uprising we would go bankrupt, otherwise we would become very rich. I'll take those odds any day :)

Just so long as you've thoroughly considered the possible consequences.

/me hides his vial of Virus Beta-13-Gamma.

[Just_A_Guy]

I want to make an insurance company. Since life is a "preexisting condition" I will therefore not pay for any complications resulting from it. Anyone want to invest?

I dunno. You could wind up taking a bath on prenatal coverage claims.

[DigitalShadow]

I dunno. You could wind up taking a bath on prenatal coverage claims.

Good point! I guess it could be claimed that the children are a results of the preexisting condition of "life", but it's not quite as clear cut. Just to be safe, I'll add a clause that says "By signing, you acknowledge that the aforementioned 'insurance plan' offers no actual coverage to either you or your children and the only service provided is 'peace of mind'"

[Dravin]

Good point! I guess it could be claimed that the children are a results of the preexisting condition of "life", but it's not quite as clear cut. Just to be safe, I'll add a clause that says "By signing, you acknowledge that the aforementioned 'insurance plan' offers no actual coverage to either you or your children and the only service provided is 'peace of mind'"

Wouldn't that leave a possibility for emotional health claims? What about PTSD caused by a zombie attack?

[Moksha]

So in the case of a zombie uprising we would go bankrupt, otherwise we would become very rich. I'll take those odds any day :)

Just have Glen Beck champion this cause and you could have an effective undead lobbying effort. Help boost his Nielson rating too.

[ferretrunner]

I can almost see the theoretical basis for something like that.

A victim of domestic violence--or any other action caused by another--has a legal cause of action against the perpetrator for reimbursement of medical expenses.

The policy here seems somewhat extreme, but I could justify at least a proviso requiring the victim to sue the perp before coming back to the insurer to cover the rest of her costs. Or, better yet, a condition in the health coverage requiring the victim to basically "sell" her right to sue back to the insurer (yes, you can "sell" a right to sue. Happens all the time.), and then the insurer handles the hassles of litigation itself.

Women escaping a domestic violence situation are rarely in the financial or emotional place to sue anyone. Come on. That's like saying a victim of rape should have to sue her rapist first. Wrong answer.

There is crime victims' compensation in many states. A requirement that she apply for it and use it first would not be unreasonable, perhaps. However, that funding is limited. If someone has insurance, why have them use money from a limited source when later someone without insurance may need it??? Also, she paid insurance premiums. Shouldn't the company honor their contract?

[Dravin]

Also, she paid insurance premiums. Shouldn't the company honor their contract?

If a contract is written such that a condition or happening is not covered then the company is not failing to honor their contract by only honoring the things written in the contract. If you entered a contract that stipulated that a company would only cover your expenses occurred by being mugged by a Joe on a Tuesday and you get mugged by a Bob on Thursday and they refuse to pay out they aren't in breach of the contract.

One can of course argue that's a crappy contract. I realize you think said contract is not written such that domestic violence is excluded, obviously a company claiming that thinks it is, it'll be up to the courts to decide if it is or not.

Edited September 19, 2009 by Dravin

[Just_A_Guy]

Women escaping a domestic violence situation are rarely in the financial or emotional place to sue anyone. Come on. That's like saying a victim of rape should have to sue her rapist first. Wrong answer.

I would have to disagree. There's this notion of "accountability", and I don't think the accountable should get a pass just because someone else appears to have deeper pockets. I do agree that it would be preferable to have the insurance company handle the litigation end of the claim, though I note there's not exactly a shortage of personal injury lawyers working on contingency in any of our great states.

There is crime victims' compensation in many states. A requirement that she apply for it and use it first would not be unreasonable, perhaps. However, that funding is limited. If someone has insurance, why have them use money from a limited source when later someone without insurance may need it???

Funds available to insurance companies are also limited. Insurance companies aren't all hurting; but nor are they necessarily flush with cash. See, e.g., here.

[Moksha]

Just have Glen Beck champion this cause and you could have an effective undead lobbying effort. Help boost his Nielson rating too.

I noticed you mentioned ratings rather than target audience. You must be in the know to realize that the Undead are already among his largest demographic audience. With the support of his fellow Republican Mormons and the Undead, Mr. Beck is definitely the heir apparent to Rush Limbaugh. Upon Mr. Limbaugh's demise, some of his most faithful followers will see Mr. Limbaugh's countenance upon Glen Beck's face - a sure sign of being worthy of the mantle if there ever was one.

:)

[Moksha]

Back to that pre-existing condition stuff: What a sure sign that our current lack of a health care system causes harm.